The applicant and respondent are brothers and co-executors of their father's estate.
The applicant sought a declaration that five joint bank accounts held by the deceased and the respondent were held in trust for the estate.
The respondent argued the accounts were gifted to him to equalize lifetime gifts made to the applicant.
The court found the respondent failed to corroborate his evidence under s. 13 of the Evidence Act and failed to rebut the presumption of a resulting trust.
The court also dismissed arguments that the claim was statute-barred or precluded by a release, as the applicant was unaware of the accounts when the release was signed.
The respondent was ordered to pay the applicant half the value of the accounts.
