Is there any case law where title has been put into joint names but the parties had an intent to share the proceeds unequally?
Manitoba, Canada
The following excerpt is from H.L.S. v. G.R.S., 2006 MBQB 48 (CanLII):
Generally, if a court finds that title has been put into joint names but the parties had an intent to share the sale proceeds unequally, a finding of unjust enrichment is made. In this case, the petitioner claims unjust enrichment against the respondent and a resulting or constructive trust. Greenberg J. dealt with this question in Dobbs v. Sheldon, [2004] M.J. No. 216, 2004 MBQB 130:
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a party entitled to party and party costs? (Manitoba, Canada)
What is the test for determining whether a party can obtain damages from a party who infringes the same law? (Manitoba, Canada)
In what circumstances will a party be bound by a third party's expectation of receiving something in return? (Manitoba, Canada)
In assessing whether there was an intention to gift and that such intention was arrived at voluntarily, is undue influence raised? (Manitoba, Canada)
Can an application to suppress the true identity of parties to contemplated litigation be made without notice to the other parties? (Manitoba, Canada)
If a decision is not in favour of both parties, should both parties consider retaining counsel? (Manitoba, Canada)
Is a spouse or common-law partner entitled to the commuted value of a pension and each party’s share? (Manitoba, Canada)
Can a joint tenancy be severed by the conduct of the parties? (Manitoba, Canada)
Is there any case law where an umpire considered information of one party without the knowledge of the other party? (Manitoba, Canada)
Are party and party costs appropriate on Class III on a motion? (Manitoba, Canada)
