The deceased transferred his residence to his sons in trust to be used for his and his wife's maintenance if required, with the remainder to his five children.
The trustees later sold the residence and mistakenly transferred the proceeds of $205,342.63 to the deceased.
After the deceased's death, his widow (the appellant) argued the funds belonged to his estate.
The motions judge held that the transfer was a breach of trust made under a mistake of law, and that the trust was entitled to recover the funds secured by an equitable lien.
The Court of Appeal dismissed the widow's appeal, finding that the deceased knew or should have known of the breach of trust, and that his estate would be unjustly enriched if permitted to retain the funds.
