2 total
Joint bank accounts declared estate assets as bank signature cards failed to rebut presumption of resulting trust.
The applicant, an estate trustee, brought an application to determine the ownership of joint bank accounts held by the deceased and the respondent, the other estate trustee.
The respondent argued the accounts passed to her by right of survivorship.
The court applied the presumption of resulting trust and found that the bank signature cards and financial services agreements were insufficient to rebut the presumption.
The accounts were declared estate assets, and the respondent was ordered to provide an updated accounting.
The parties were also directed to discuss the disposition of the deceased's ashes.
Sole custody awarded to mother due to high-conflict relationship and father's poor communication.
The applicant mother and respondent father separated after a short relationship, with the mother maintaining primary care of their young son.
The mother sought sole custody, while the father sought joint custody.
The court found that the parties had a high-conflict relationship characterized by poor communication, largely driven by the father's rigid and uncooperative behaviour.
Applying the principles from Kaplanis, the court concluded that joint custody was unworkable and awarded sole custody to the mother to ensure stability and effective decision-making for the child.
