Sara Hickey

The appellant appealed a trial judgment awarding $1,070,000 to the respondent in a dispute over ownership of a commercial property on Parliament Street in Toronto.

The trial judge found that the father had gifted the property to his daughter, and therefore the proceeds of sale belonged to her.

The Court of Appeal upheld the trial judge's factual findings, finding they met the three criteria for a valid gift and were supported by the evidence.

The appeal was dismissed with costs awarded to the respondent.

The plaintiff corporation, solely owned by the daughter of the deceased, brought an action against the deceased's estate to recover $1,070,000.

The deceased had incorporated the plaintiff to purchase a commercial property for his daughter.

After the property was sold for a profit, the deceased withdrew the funds from the plaintiff's bank account for his own use.

The estate argued the plaintiff was a bare trustee and the deceased was the beneficial owner.

The court found no documentary or credible testimonial evidence of a trust, concluding the corporation and its funds belonged entirely to the daughter.

Judgment was granted to the plaintiff for the full amount taken.

A casino operator sought summary judgment against an Ontario resident for unpaid gambling credit advanced through casino markers.

The defendant argued Ontario was not the appropriate forum and claimed he did not remember signing the credit documents due to intoxication.

The court held Ontario had jurisdiction because the defendant resided and held assets in Ontario and had attorned to the jurisdiction through his pleadings.

Applying Rule 20 of the Rules of Civil Procedure, the court found no genuine issue requiring a trial, noting the documentary evidence, dishonoured cheques, and post‑transaction communications acknowledging the debt.

Summary judgment was granted for the outstanding balance plus contractual interest.