The appellant, an adult daughter, was made a joint account holder by her father with a right of survivorship.
Following the father's death, her siblings commenced litigation because she did not include the joint accounts in the distribution of the estate.
The trial judge applied a presumption of resulting trust and found no evidence that the father intended to gift the accounts to the appellant.
The Court of Appeal affirmed the decision.
The Supreme Court of Canada dismissed the appeal, holding that the presumption of resulting trust applied to gratuitous transfers to adult children and that the appellant failed to rebut the presumption on a balance of probabilities.
