Court File and Parties

Citation: Adams v. Adams, 2010 ONCA 793

Date: 2010-11-22

Docket: C51772

Court of Appeal for Ontario

Feldman, Juriansz and LaForme JJ.A.

Between

Donna Adams

Plaintiff (Appellant)

and

Mark Daniel Adams and Aamjiwnaang First Nation

Defendants (Respondents)

Counsel: Owen Rees, for the appellant Robert Spence, for the respondent Mark Daniel Adams

Heard & released orally: November 12, 2010

On appeal from the judgment of Justice K.A. Gorman of the Superior Court of Justice dated February 2, 2010.

Endorsement

[1] The appellant transferred certain property to her brother, the respondent, in 1990. In 2007, she brought an action claiming return of the property. The trial judge rejected her claim and she has appealed.

[2] On appeal, the appellant does not advance the claim of a resulting trust that the trial judge rejected. Rather, the appellant now rests her claim on the existence of an intervening oral agreement which she alleges was reduced to writing in documents created in 2002.

[3] As we read the transcript, there is no evidence to support the argument that the written document of 2002, which does not without more constitute an enforceable contract, was preceded by an oral argument. In any event, that argument was not advanced at trial and it cannot be raised for the first time on appeal.

[4] The appeal is dismissed with costs fixed at $9,000, inclusive of disbursements and taxes.

"K. Feldman J.A."

"R.G. Juriansz J.A."

"H.S. LaForme J.A."