Patrick Estate (Bankrupt), Re, 2000 SKCA 31

• Judge: Tallis, Gerwing and Jackson, JJ.A.
• Court: Court of Appeal (Saskatchewan)
• Case Date: February 18, 2000
• Jurisdiction: Saskatchewan
• Citations: 2000 SKCA 31;(2000), 189 Sask.R. 272 (CA)

Patrick Estate (Bankrupt), Re (2000), 189 Sask.R. 272 (CA);

    216 W.A.C. 272

MLB headnote and full text

Temp. Cite: [2000] Sask.R. TBEd. MR.026

Margaret Patrick (appellant) v. KPMG Inc., Trustees in Bankruptcy for the late John Allen Patrick (respondent)

(No. 3260; 2000 SKCA 31)

Indexed As: Patrick Estate (Bankrupt), Re

Saskatchewan Court of Appeal

Tallis, Gerwing and Jackson, JJ.A.

February 18, 2000.

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 a decision reported 183 Sask.R. 220, allowed the appeal. The widow appealed.

The Saskatchewan Court of Appeal 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 - Particulary, 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 Appeal affirmed the decision.

Trusts - Topic 2308

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

Cases Noticed:

Minister of National Revenue v. Schwartz, [1996] 1 S.C.R. 254; 193 N.R. 241, refd to. [para. 2].

Counsel:

Dwayne Anderson, for the appellant;

Jim Kroczynski, for the respondent.

This appeal was heard on February 18, 2000, before Tallis, Gerwing and Jackson, JJ.A., of the Saskatchewan Court of Appeal. On the same date, Tallis, J.A., delivered judgment for the court, with written reasons released on March 2, 2000.