Elizabeth Milojevic

In consolidated family property applications, the court addressed disputes over powers of attorney, alleged incapacity and undue influence, exclusive possession of a house, and competing trust and damages claims arising from an adult child’s alleged decades-long financial and labour contributions to the property.

The court held that the evidence did not establish incapacity under the Substitute Decisions Act, denied revocation of the attorney appointments, denied an order for passing of accounts, and dismissed claims to beneficial ownership and resulting trust.

Applying the injunction-style test for possession, the court granted the titled owners exclusive possession and leave for a writ of possession.

However, because material facts remained sharply disputed on unjust enrichment, constructive trust, and damages, those issues were directed to trial, with protective orders preserving the claimant’s ability to trace into sale proceeds or a replacement property.

In consolidated family and estates proceedings arising from an elderly mother's transfer of Trinidad property to one son, the court dismissed the son's attempt to stay an earlier order requiring reconveyance and an accounting.

The court found beyond a reasonable doubt that the son wilfully failed to comply with the prior order and was in civil contempt, although his contempt was later purged when he signed the transfer in court.

The court also struck his separate action against siblings without leave to amend as disclosing no reasonable cause of action, constituting an abuse of process, and being statute-barred.

A guardianship application respecting the mother's property was adjourned because mandatory service requirements had not been satisfied and a less restrictive alternative might be available.