Foley v. McIntyre, [2015] O.A.C. Uned. 378 (CA)
| Jurisdiction | Ontario |
| Judge | Doherty, Juriansz and Huscroft, JJ.A. |
| Citation | [2015] O.A.C. Uned. 378 (CA),2015 ONCA 382,[2015] O.A.C. Uned. 378 |
| Court | Court of Appeal (Ontario) |
| Subject Matter | GIFTS,BANKS AND BANKING,WILLS,FRAUD AND MISREPRESENTATION,TRUSTS |
| Date | 28 May 2015 |
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28 practice notes
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Court Of Appeal Summaries (February 20, 2023 ' February 24, 2023)
...ONSC 1934, Dempster v. Dempster, 2008 CanLII 2747 (Ont. S.C), Stern v. Stern, (2003) 49 E.T.R. (2d) 129 (Ont. S.C), Foley v. McIntyre, 2015 ONCA 382, Pecore v. Pecore, 2007 SCC 17, Vanier v. Vanier, 2017 ONCA 561, Geffen v. Goodman Estate, [1991] 2 S.C.R. 353, O'Meara v. Miller, 2021 ONSC 5......
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Chahal v. Chahal, 2020 BCCA 147
...a gratuitous transfer is challenged and where the donor’s intention is unknown: Pecore v. Pecore, 2007 SCC 17 at para. 23; Foley (Re), 2015 ONCA 382 at para. 26. The purpose of the resulting trust analysis is to determine the donor’s intent. Here, the judge examined all of the evidence to d......
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United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union Local 2009 v. Ghag,
...component of the analysis of whether a gift is intended as opposed to an intention to create a resulting trust. (Foley v. McIntyre, 2015 ONCA 382 at para 25, Lubberts Estate (Re), 2014 ABCA 216 at para. 32, McNamee v. McNamee, 2011 ONCA 533 at para 24, St. Onge Estate v. Breau, 2009 NBCA 36......
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Dixon v. Spencer,
...or transfer of the property to complete the transaction.” These principles were affirmed by the Court of Appeal in Foley (Re), 2015 ONCA 382, 125 O.R. (3d) 721, at para. 25. In this case, the only issue raised is the Deceased’s intention to make a gift. I find that the Decease......
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23 cases
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Chahal v. Chahal, 2020 BCCA 147
...a gratuitous transfer is challenged and where the donor’s intention is unknown: Pecore v. Pecore, 2007 SCC 17 at para. 23; Foley (Re), 2015 ONCA 382 at para. 26. The purpose of the resulting trust analysis is to determine the donor’s intent. Here, the judge examined all of the evidence to d......
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United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union Local 2009 v. Ghag,
...component of the analysis of whether a gift is intended as opposed to an intention to create a resulting trust. (Foley v. McIntyre, 2015 ONCA 382 at para 25, Lubberts Estate (Re), 2014 ABCA 216 at para. 32, McNamee v. McNamee, 2011 ONCA 533 at para 24, St. Onge Estate v. Breau, 2009 NBCA 36......
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Dixon v. Spencer,
...or transfer of the property to complete the transaction.” These principles were affirmed by the Court of Appeal in Foley (Re), 2015 ONCA 382, 125 O.R. (3d) 721, at para. 25. In this case, the only issue raised is the Deceased’s intention to make a gift. I find that the Decease......
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Zappacosta v. Zappacosta,
...239 at para. 51; Kerr v. Baranow, 2011 SCC 10 at para. 19. [19] Tayler v. Wayne, 2020 ONSC 5064; Kent v. Kent, 2020 ONCA 390; Re Foley, 2015 ONCA 382; Sawdon Estate v. Watch Tower Bible and Tract Society of Canada, 2014 ONCA 101; Pecore v. Pecore, 2007 SCC [20] Tayler v. Wayne, 2020 ONSC 50......
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5 firm's commentaries
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Court Of Appeal Summaries (February 20, 2023 ' February 24, 2023)
...ONSC 1934, Dempster v. Dempster, 2008 CanLII 2747 (Ont. S.C), Stern v. Stern, (2003) 49 E.T.R. (2d) 129 (Ont. S.C), Foley v. McIntyre, 2015 ONCA 382, Pecore v. Pecore, 2007 SCC 17, Vanier v. Vanier, 2017 ONCA 561, Geffen v. Goodman Estate, [1991] 2 S.C.R. 353, O'Meara v. Miller, 2021 ONSC 5......
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Ontario Court Of Appeal Summaries (April 18-21, 2017)
...Vivos Gifts, Joint Tenancies, Severance Hansen Estate v. Hansen, 2012 ONCA 112, McNamee v. McNamee, 2011 ONCA 533, Foley v. McIntyre, 2015 ONCA 382 Facts: This decision concerned the estate of Theadora Niels, who died in November 2010. The principal issue was whether the interest in her hou......
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Common Misconceptions About Joint Accounts And Joint Ownership
...17 [2] Mroz v. Mroz, 2015 ONCA 171 at para.73 [3] Sawdon Estate v. Sawdon, 2014 ONCA 101; Mroz v. Mroz, 2015 ONCA 171; Foley v. McIntyre, 2015 ONCA 382 The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your spe......
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Foley v. McIntyre: Revisiting The Presumption Of Resulting Trust And Joint Accounts
...and other transfers during one's lifetime are consistent with their ultimate testamentary intentions. Footnote [1] Foley v McIntyre, [2015] ONCA 382, 2015 CarswellOnt 7680 The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be s......
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