2007 S.C.C. 18
Two siblings challenged a gift of $185,000. In joint accounts made between their sister (Patricia) and father. The parents saw Patricia as the responsible child and their wills were long standing equal wills. The mother died in 1986. In 1991 Patricia was made joint signatory on his bank accounts which provide for right of survivorship. The father used the funds in the accounts for his benefit. The father paid the taxes on the accounts. In 1997 the father moved in with Patricia. In 1998 he moved into a nursing home. In late 1998 the father died.
The presumption of resulting trust applied. There was no clear documentation, statement or conduct suggesting a gift. The joint account agreement at the bank was not determinative. Weight varies based on terms and evidence. Patricia was evasive and couldn’t support that her father understood the bank documents.