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ARTICLE · 11 DECEMBER 2024

Court Of Appeal Summaries (December 2-6, 2024)

Blaney McMurtry LLP
Blaney McMurtry LLP
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Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of December 2, 2024.

CanadaLitigation, Mediation & Arbitration
John Polyzogopoulos
John Polyzogopoulos
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Good afternoon.

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of December 2, 2024.

The most interesting decision of the week was Jackson v Rosenberg. The Court upheld the application judge's finding that the owner of the land who had added a party on title as a joint tenant for no consideration had only intended to grant the right of survivorship, with the newly added joint tenant/grantee otherwise holding the property in trust for the grantor. The Court went on to find that the grantor of the right of survivorship retained the right to sever the joint tenancy and therefore eliminate the right of survivorship. Most interestingly, the Court disagreed with the application judge that a right of survivorship remained as to the 50% interest held by the grantee following the severance. Since the severance eliminated the right of survivorship, such a right could not continue to exist with respect to the 50% interest

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