This appeal concerned the effect of two gratuitous transfers of property into joint tenancy.
Nigel Jackson transferred his home into joint tenancy with Lori Rosenberg, intending to gift only a right of survivorship to avoid probate fees, while retaining control during his lifetime.
Later, he severed the joint tenancy.
The application judge found a partial resulting trust, concluding that only the right of survivorship was gifted and that Jackson retained the right to sever.
Rosenberg appealed, arguing for a full beneficial interest and that the severance was ineffective.
The Court of Appeal dismissed Rosenberg's appeal, affirming that a gift of a right of survivorship can exist without immediate beneficial rights and that the donor retains the unilateral right to sever the joint tenancy, thereby ending the right of survivorship.
The court also clarified that no right of survivorship could subsist after severance.