Is there clear evidence of a common intention that the properties be jointly owned?
Ontario, Canada
The following excerpt is from Warren v. Gilbert, 2006 CanLII 16488 (ON SC):
I note the comments by Cory J. at para.22 in Murray v. Roty: I would have thought that there was clear evidence of a common intention that the properties be jointly owned? It would not be necessary to find that the titleholder consciously formulated the intention in [his] own name that the property were to be jointly owned. Nor would it be fatal to such a conclusion if the titleholder acted with a different intention which he did not communicate to the non-titled person. Rather he (the titleholder) will be bound by any inference which the non-titled holder might reasonably have drawn from his words or conduct. (See: Gissing.) It would have been a very reasonable inference for the non-titled person to have drawn from the words and conduct of the titleholder that he intended the properties to be jointly owned.
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