Suzanne L. Hillier

The appellant appealed a trial judgment finding that she failed to rebut the presumption of resulting trust regarding a property purchased with funds from a joint account but registered in her name.

The Court of Appeal upheld the trial judge's finding that there was no evidence the respondent intended a gift, noting that the property was placed in the appellant's name for legitimate reasons related to the respondent's dangerous work as a police officer.

The appeal was dismissed with costs.

The appellant appealed a trial decision regarding spousal support and the finding of an unconditional gift of a one-half interest in joint bank accounts and investment funds.

The Court of Appeal dismissed the appeal, refusing to admit fresh evidence and finding no error in the trial judge's factual findings or application of legal principles.

The trial judge's calculation of the gift amounts and the quantum of spousal support were upheld.

The appellant appealed an order finding her in contempt of three court orders regarding the respondent's access to their infant child.

The Court of Appeal allowed the appeal, holding that a finding of contempt could not be made beyond a reasonable doubt without the trial of an issue, given the significant conflicting evidence and the fact that access had been properly provided in the four weeks prior to the hearing.