A Gift That Doesn't Stand The Test Of Time

The Ontario Court of Appeal addressed issues concerning rights of survivorship and tenants in common in the recent decision Jackson v. Rosenberg, 2024 ONCA 875, which was released on December 4, 2024.

Jackson and his partner Taube had both named Rosenberg as the sole beneficiary of both of their estates. In 2011, after the death of Taube, Jackson sold his property and with the proceeds purchased a new home. In 2012, he transferred the property from himself as the sole owner to himself and Rosenberg as joint tenants.

A refresher of property law

Joint tenancy and tenancy in common are the two forms of property ownership (not to be confused by the use of the word 'tenancy'). They contrast one another by granting various rights to joint tenants and not to tenants in common. One such right associated with joint tenancy is the right of survivorship, under which, the death of one joint tenant immediately triggers the transfer of their interest in the property to the