Randy Calmusky, as executor, brought an application to determine entitlement to joint bank accounts and a Registered Income Fund (RIF) held by his deceased father, Henry Calmusky, with his twin brother, Gary Calmusky.
Randy also claimed occupation rent and other expenses against Gary for his use of estate assets.
The court applied the presumption of resulting trust from Pecore v. Pecore to both the joint accounts and the RIF beneficiary designation, finding that Gary failed to rebut the presumption that these assets belonged to Henry's estate.
Consequently, Gary was ordered to pay the proceeds of these accounts to the estate.
However, the court dismissed the claim for occupation rent against Gary, finding no unjust enrichment due to Gary's early intention to purchase the property and the estate's significant financial gain from the property's increased value.
Gary was held liable for a limited amount of other expenses related to his use of estate assets.
