A family dispute arose regarding ownership of a Toronto home held in joint tenancy by two parents and their son.
Shortly before his death, the father executed a transfer severing the joint tenancy so that his interest would pass under his will to his daughter.
The plaintiffs challenged the transfer, alleging the father lacked capacity or was subject to undue influence, and sought occupation rent from the daughter who continued living in the property.
The court preferred the evidence of the drafting lawyer and defence expert and found the father understood the nature and consequences of severing the joint tenancy and was not unduly influenced.
The court also rejected claims that the son held his interest in trust for the parents and declined to award occupation rent.
The plaintiffs’ claims were dismissed and the severance of the joint tenancy upheld.
