The appellant challenged over $1,700,000 in transfers made by his late mother to his sister, the respondent, arguing they were the product of undue influence or subject to a resulting trust.
The application judge dismissed the application, finding the transfers were valid inter vivos gifts and that there was no undue influence.
On appeal, the appellant argued the application judge erred in his approach to the presumptions of undue influence and resulting trust.
The Court of Appeal dismissed the appeal, holding that the application judge made no legal errors, properly considered the evidence of the mother's clear intention to make gifts, and correctly concluded that any presumption of undue influence was rebutted by findings that the mother acted freely and voluntarily.
