Is a plaintiff entitled to a declaration of trust against his sister and her husband?
Ontario, Canada
The following excerpt is from Cusimano v. D.A.D. Construction Inc., 2011 ONSC 5707 (CanLII):
In Holt v. Williamson, [1998] O.J. No. 806 (S.C.J.), the plaintiff’s sister had been granted power of attorney in favour of the plaintiff. She was vested with the proceeds of an insurance policy and settlement which she allegedly dissipated. The plaintiff brought an action against both his sister and his sister’s husband for declaration of trust, restitution and an equitable tracing. The husband brought a motion for summary judgment to have the action against him dismissed.
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