Hyczkewycz v. Hupe, (2015) 316 Man.R.(2d) 51 (QBM)

• Court: Court of Queen's Bench of Manitoba (Canada)
• Case Date: February 26, 2015
• Jurisdiction: Manitoba
• Citations: (2015), 316 Man.R.(2d) 51 (QBM);2015 MBQB 34

Hyczkewycz v. Hupe (2015), 316 Man.R.(2d) 51 (QBM)

MLB headnote and full text

Temp. Cite: [2015] Man.R.(2d) TBEd. MR.020

Mary Viola Hyczkewycz (plaintiff) v. Sharon Linda Hupe and Paul Hupe (defendants)

(CI 13-01-83581; 2015 MBQB 34)

Indexed As: Hyczkewycz v. Hupe

Manitoba Court of Queen's Bench

Winnipeg Centre

Berthaudin, Master

February 26, 2015.

Summary:

A husband and wife separated after 37 years of marriage. At issue was the ownership of three properties. The first was a residence that was owned solely by the wife, but had been transferred to the wife by her mother (the plaintiff). The second was a rental property that had been purchased by the plaintiff and had been transferred to the wife and plaintiff as joint tenants. The third was a cottage owned jointly by the husband and wife. The plaintiff claimed that she was entitled to a declaration that she was the sole beneficial owner of the residence and the rental property and that she was a beneficial owner of a 50% interest in the cottage. The husband moved for summary dismissal of the claim.

A Master of the Manitoba Court of Queen's Bench granted the motion. The action was dismissed.

Real Property - Topic 8024

Title - Registration of instruments, etc. - Land titles system - Certificate of title - Reliance on issue of - A husband and wife separated after 37 years of marriage - At issue was the ownership of three properties - The first was a residence that was owned solely by the wife, but had been transferred to the wife by her mother (the plaintiff) - The second was a rental property that had been purchased by the plaintiff and had been transferred to the wife and plaintiff as joint tenants - The third was a cottage owned jointly by the husband and wife - The plaintiff claimed that she was entitled to a declaration that she was the sole beneficial owner of the residence and the rental property and that she was a beneficial owner of a 50% interest in the cottage - The husband moved for summary dismissal of the claim - A Master of the Manitoba Court of Queen's Bench granted the motion - Section 59(1) of the Real Property Act was a full answer and defence to any claim made by the plaintiff for beneficial ownership of the properties - A resulting trust could not overcome the indefeasibility provision of s. 59(1) - There was no genuine issue for trial.

Trusts - Topic 1901

Resulting trusts - General principles - General (incl. when available) - [See Real Property - Topic 8024 ].

Cases Noticed:

Ehrmantraut (Bankrupt), Re (2008), 229 Man.R.(2d) 157; 2008 MBQB 140, refd to. [para. 8].

Ehrmantraut v. Keith G. Collins Ltd. - see Ehrmantraut (Bankrupt), Re.

Fort Garry Care Centre Ltd. v. Hospitality Corp. of Manitoba Inc., [1998] 4 W.W.R. 688; 123 Man.R.(2d) 241; 159 W.A.C. 241 (C.A.), refd to. [para. 9].

India Association of Manitoba Inc. et al. v. India School of Dance, Music & Theatre Inc. (2011), 273 Man.R.(2d) 34; 2011 MBQB 292, dist. [para. 13].

Homestead Properties (Canada) Ltd. v. Sekhri et al. (2007), 214 Man.R.(2d) 148; 395 W.A.C. 148; 2007 MBCA 61, refd to. [para. 15].

Statutes Noticed:

Real Property Act, R.S.M. 1988, c. R-30; C.C.S.M., c. R-30, sect. 59(1) [para. 6].

Counsel:

William S. Gange and Kalyn B. Bomback, for the plaintiff;

Carla B. Paul, for the defendant, P. Hupe.

This motion was heard by Berthaudin, Master, of the Manitoba Court of Queen's Bench, Winnipeg Centre, who delivered the following judgment on February 26, 2015.