Stade Estate (Re), 2017 BCSC 2354
| Jurisdiction | British Columbia |
| Judge | The Honourable Madam Justice Warren |
| Citation | 2017 BCSC 2354 |
| Court | Supreme Court of British Columbia (Canada) |
| Docket Number | 16514 |
| Date | 20 December 2017 |
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9 practice notes
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Newhouse v. Garland,
...ignoring the documents. In support of that proposition it cites Calmusky v. Calmusky, 2020 ONSC 1506 at para. 45, Stade Estate (Re), 2017 BCSC 2354 at paras. 88–90, and Madsen Estate v. Saylor, 2007 SCC 18 at paras. 25–28. Each of those cases concerned banking d......
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Chung v. Chung,
...as the designated beneficiary in Neufeld v. Neufeld, 2004 BCSC 25. Justice Warren came to a similar conclusion in Stade Estate (Re), 2017 BCSC 2354, where she held at para. 94: “the presumption of resulting trust in favour of the estate applies equally to assets with respect to which......
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Kalanj v. Kalanj Estate,
...and b) An intention by the owner to transfer the property as an outright gift to the beneficiaries: Stade Estate (Re), 2017 BCSC 2354. [43] The key inquiry is to determine the transferor’s intent at the time of the actual tr......
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Does The "Presumption Of Resulting Trust" Apply To Beneficiary Designations?
...were therefore held upon a resulting trust for the estate. Such an approach has been consistently followed by the Court: Re Stade Estate, 2017 BCSC 2354; Williams v. Williams Estate, 2018 BCSC 711. In the recent case of Simard v. Simard Estate, 2021 BCSC 1836, the Pecore analysis was again ......
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8 cases
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Newhouse v. Garland,
...ignoring the documents. In support of that proposition it cites Calmusky v. Calmusky, 2020 ONSC 1506 at para. 45, Stade Estate (Re), 2017 BCSC 2354 at paras. 88–90, and Madsen Estate v. Saylor, 2007 SCC 18 at paras. 25–28. Each of those cases concerned banking d......
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Chung v. Chung,
...as the designated beneficiary in Neufeld v. Neufeld, 2004 BCSC 25. Justice Warren came to a similar conclusion in Stade Estate (Re), 2017 BCSC 2354, where she held at para. 94: “the presumption of resulting trust in favour of the estate applies equally to assets with respect to which......
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Kalanj v. Kalanj Estate,
...and b) An intention by the owner to transfer the property as an outright gift to the beneficiaries: Stade Estate (Re), 2017 BCSC 2354. [43] The key inquiry is to determine the transferor’s intent at the time of the actual tr......
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Williams v. Williams Estate, 2018 BCSC 711
...by a bank representative, does not necessarily rebut the presumption of resulting trust on its own. For example, in Stade Estate (Re), 2017 BCSC 2354, the court was critical when there was no supporting or additional [83] Randall also claims that Mrs. Stade's "lawyers and bank employees tol......
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1 firm's commentaries
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Does The "Presumption Of Resulting Trust" Apply To Beneficiary Designations?
...were therefore held upon a resulting trust for the estate. Such an approach has been consistently followed by the Court: Re Stade Estate, 2017 BCSC 2354; Williams v. Williams Estate, 2018 BCSC 711. In the recent case of Simard v. Simard Estate, 2021 BCSC 1836, the Pecore analysis was again ......