Patrick Estate (Bankrupt), Re, (1999) 183 Sask.R. 220 (QB)

• Judge: Wright, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: April 21, 1999
• Jurisdiction: Saskatchewan
• Citations: (1999), 183 Sask.R. 220 (QB)

Patrick Estate (Bankrupt), Re (1999), 183 Sask.R. 220 (QB)

MLB headnote and full text

Temp. Cite: [1999] Sask.R. TBEd. MY.013

In The Matter Of the Bankruptcy of The Estate of the late John Allen Patrick

In The Matter Of a Notice of Disallowance of Claim by the Trustee in Bankruptcy pursuant to the Bankruptcy and Insolvency Act against Margaret Patrick

In The Matter Of an Appeal of the Judgment of the Registrar dated February 4, 1999 Between KPMP Inc., Trustees in Bankruptcy for the late John Allan Patrick, of the City of Swift Current, in the Province of Saskatchewan (appellant (re­spondent)) and Margaret Patrick (re­spon­dent (applicant)) (Bankruptcy No. 2082) (Estate No. 020991)

(1999 Q.B.G. No. 439)

Indexed As: Patrick Estate (Bankrupt), Re

Saskatchewan Court of Queen's Bench

In Bankruptcy

Judicial Centre of Regina

Wright, J.

April 21, 1999.

Summary:

Patrick died. His widow and sole execu­trix of the estate assigned the estate into bank­ruptcy. Thereafter, she unsuccessfully filed a claim for certain property that was in the trustee's possession. The widow appealed.

The Registrar of the Saskatchewan Court of Queen's Bench, In Bankruptcy, in a deci­sion reported 181 Sask.R. 165, allowed the appeal in part. The trustee appealed.

The Saskatchewan Court of Queen's Bench, In Bankruptcy, allowed the appeal.

Bankruptcy - Topic 488

Property of bankrupt - Exemptions or exclusions - Trust property - [See Resti­tution - Topic 123 ].

Restitution - Topic 123

Unjust enrichment - Remedies - Con­struc­tive trust - Patrick died - His widow and sole executrix of the estate assigned the estate into bankruptcy - Thereafter, she unsuccessfully filed a claim for certain property that was in the trustee's pos­ses­sion - The widow appealed asserting that her claim was based upon a resulting or constructive trust - Particularly, she was the primary wage earner for the family and paid for most of the family assets, includ­ing those in issue - The Registrar In Bankruptcy, held that for some of the contested prop­erty, a constructive trust was established - There was clearly enrichment to the trustee, a corresponding deprivation to the wife and absence of any juristic reason for the deprivation - The Saskatchewan Court of Queen's Bench, In Bankruptcy, allowed the trustee's appeal - No trust was established because the wife failed to prove that there was a nexus between her payments and the property in issue.

Trusts - Topic 2308

Constructive trusts - General principles - Circumstances when imposed - [See Res­titution - Topic 123 ].

Cases Noticed:

Peter v. Beblow, [1993] 3 W.W.R. 337; 150 N.R. 1; 23 B.C.A.C. 81; 39 W.A.C. 81, refd to. [para. 5].

Counsel:

J.P. Kroczynski, for the appellant/respon­dent, K.P.M.G Inc.;

K.C. Mellor, for the applicant, Margaret Patrick.

This appeal was heard before Wright, J., of the Saskatchewan Court of Queen's Bench, In Bankruptcy, Judicial Centre of Regina, who delivered the following judgment on April 21, 1999.