Gefen Estate v. Gefen,

JurisdictionOntario
JudgePepall,Roberts,Tulloch
Citation2022 ONCA 174
Docket NumberC67633; C67724; C68850
CourtCourt of Appeal (Ontario)
Date02 March 2022
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9 practice notes
  • Court Of Appeal Summaries (June 5, 2023 ' June 9, 2023)
    • Canada
    • Mondaq Canada
    • June 13, 2023
    ...c. 30., ss. 22 and 22(3), Gefen v. Gefen, 2023 ONCA 29, Gefen Estate v. Gefen, 2019 ONSC 6015, Saunders v. Gefen, 2019 ONSC 6017 aff'd, 2022 ONCA 174, Roelandt v. Roelandt, 2016 ONCA 858, Public Guardian and Trustee v. Gaumont, 2018 ONCA 731, Lax v. Lax (2004), 70 O.R. (3d) 520 (C.A.), Berk......
  • Sandwell v Sayers,
    • Canada
    • Court of Appeal (British Columbia)
    • April 4, 2023
    ...2021 ONSC 2685, but that the Ontario Court of Appeal had expressly neither approved nor rejected the doctrine in Gefen v. Gaertner, 2022 ONCA 174 [ Gefen ONCA]: Trial Judge's Reasons at paras. 31, 47. Two authorities in BC had touched on the doctrine, namely, Re Klop, 2021 BCSC 644 and......
  • 2023 ONCA 406,
    • Canada
    • January 1, 2023
    ...who referred to the decisions of Kimmel J. in Gefen Estate v. Gefen, 2019 ONSC 6015 and Saunders v. Gefen, 2019 ONSC 6017, both affirmed, 2022 ONCA 174, 161 O.R. (3d) 267, leave to appeal to S.C.C. refused, [2022] S.C.C.A. No. 2 The motion judge was sitting as case management judge and, und......
  • 2023 BCSC 989,
    • Canada
    • January 1, 2023
    ...for a secret trust to be enforceable, the Three Certainties must be established at the time the trust is created: Gefen Estate v. Gefen, 2022 ONCA 174, at para. 38 The two essential features of a secret trust (once the Three Certainties are established) are first, a “communication&#x......
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7 cases
  • Sandwell v Sayers,
    • Canada
    • Court of Appeal (British Columbia)
    • April 4, 2023
    ...2021 ONSC 2685, but that the Ontario Court of Appeal had expressly neither approved nor rejected the doctrine in Gefen v. Gaertner, 2022 ONCA 174 [ Gefen ONCA]: Trial Judge's Reasons at paras. 31, 47. Two authorities in BC had touched on the doctrine, namely, Re Klop, 2021 BCSC 644 and......
  • 2023 ONCA 406,
    • Canada
    • January 1, 2023
    ...who referred to the decisions of Kimmel J. in Gefen Estate v. Gefen, 2019 ONSC 6015 and Saunders v. Gefen, 2019 ONSC 6017, both affirmed, 2022 ONCA 174, 161 O.R. (3d) 267, leave to appeal to S.C.C. refused, [2022] S.C.C.A. No. 2 The motion judge was sitting as case management judge and, und......
  • 2023 BCSC 989,
    • Canada
    • January 1, 2023
    ...for a secret trust to be enforceable, the Three Certainties must be established at the time the trust is created: Gefen Estate v. Gefen, 2022 ONCA 174, at para. 38 The two essential features of a secret trust (once the Three Certainties are established) are first, a “communication&#x......
  • Gefen v Gefen,
    • Canada
    • Court of Appeal (Ontario)
    • June 8, 2023
    ...who referred to the decisions of Kimmel J. in Gefen Estate v. Gefen, 2019 ONSC 6015 and Saunders v. Gefen, 2019 ONSC 6017, both affirmed, 2022 ONCA 174, 161 O.R. (3d) 267, leave to appeal to S.C.C. refused, [2022] S.C.C.A. No. 2 The motion judge was sitting as case management judge and, und......
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1 firm's commentaries
  • Court Of Appeal Summaries (June 5, 2023 ' June 9, 2023)
    • Canada
    • Mondaq Canada
    • June 13, 2023
    ...c. 30., ss. 22 and 22(3), Gefen v. Gefen, 2023 ONCA 29, Gefen Estate v. Gefen, 2019 ONSC 6015, Saunders v. Gefen, 2019 ONSC 6017 aff'd, 2022 ONCA 174, Roelandt v. Roelandt, 2016 ONCA 858, Public Guardian and Trustee v. Gaumont, 2018 ONCA 731, Lax v. Lax (2004), 70 O.R. (3d) 520 (C.A.), Berk......

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