Payment from deceased to sister was repayment of loan used to acquire property

Estates and Trusts - Estates - Intestate Succession

Loan. Parties engaged in estate litigation and claim concerned ownership of property and determination of claim against deceased's sister for repayment of alleged loan. Court held that deceased was beneficial owner of property. Deceased's wife argued that deceased loaned $50,000 to sister, but court held that sister loaned money to deceased to acquire property and payment from deceased to sister was repayment of that loan. Wife appealed. Appeal dismissed. Wife did not show that court made palpable or overriding error in determination of this finding of fact. Conclusions made were open to trial judge on evidence, and inferences drawn were reasonable.

Khan v. Estate of Ahmed I. Khan (2019), 2019 CarswellOnt 11737, 2019 ONSC 4406, Swinton J., Backhouse J., and A. O'Marra J. (Ont. Div. Ct.); affirmed (2018), 2018 CarswellOnt 10805, 2018 ONSC 4063, H.J. Wilton-Siegel J. (Ont. S.C.J.).

Case Law is a weekly summary of notable civil and criminal court decisions by the Supreme Court of Canada, the Federal Court of Canada and all Ontario courts. These cases may be found online in WestlawNext Canada. To subscribe, please visit store.thomsonreuters.ca

Free newsletter

Our daily newsletter is FREE and keeps you up to date on all the developments in the Ontario legal community. Please complete the form below and click on subscribe for daily newsletters from Law Times.

Recent articles & video

Ford government’s cuts to Toronto city council ruled constitutional

Histories of Canadian law and Métis people are entwined, says Jean Teillet

More women are on TSX company boards - but there’s slow progress to the C-Suite, says Osler

GM lawyer Michael Smith becomes partner at Bennett Jones

Ontario court rules cap on general damages does not apply to sexual abuse

House of Commons reveals legal fee reimbursement over $54k

Most Read Articles

Ontario court rules cap on general damages does not apply to sexual abuse

Man discharged from his fourth bankruptcy

Insurance lawyers reveal their referral philosophies

Court of Appeal rules auto insurer not liable for parental negligence claim stemming from accident