Can a party who contributed more than his or her proportionate contribution to a joint account that was set aside for the purposes of calculating the difference between their contributions to the joint account?
British Columbia, Canada
The following excerpt is from Schloegl v. Schloegl, 2014 BCSC 2458 (CanLII):
The parties in this case each dispute the amounts that were contributed by the other. However, if it is found that a party has removed more than his or her proportionate contribution from the joint account, then he or she will hold the removed monies on constructive trust for the other party if there has been unjust enrichment. There is unjust enrichment where one party has benefited and the other party has suffered a corresponding deprivation and there is no juristic reason for that benefit: Kerr v. Baranow, 2011 SCC 10 at para. 32.
"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
Does the fact that some funds may have been transferred to the joint account of a joint account with a different bank account make up for the failure to plead or lead evidence on false statement and inducement? (British Columbia, Canada)
What is the proper remedy in a common law common law relationship where the parties acquired a joint home as joint ownership of Crowe Road jointly owned by the parties? (British Columbia, Canada)
What are some cases where a court has considered a party’s contributions to the calculation of the parties’ respective financial contributions in dividing the proceeds of sale? (British Columbia, Canada)
What is the test for survivorship when a joint account holder challenges a gratuitous transfer to the joint account? (British Columbia, Canada)
What is the test for determining whether a joint account is held in trust for the estate of a deceased joint account holder? (British Columbia, Canada)
Is a defendant entitled to a 65% share of the joint net worth as a result of his disproportionate contribution to the parties jointly net worth? (British Columbia, Canada)
Does the law of agency apply when one party gives explicit or implicit authority to another party (the principal) to enter contracts with third parties? (British Columbia, Canada)
Does a successful party have the right to claim special costs when the successful party is in a relationship with an opposing party? (British Columbia, Canada)
What is the effect of the intention or understanding of a party to a transaction where a party intended to transfer a vehicle to another party? (British Columbia, Canada)
What is the difference between a trip to downtown Vancouver for a work purpose and a personal purpose? (British Columbia, Canada)
