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.).

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