Can a husband who has a life interest in a cottage owned by a trust, claim that the cottage is owned by the trust?

British Columbia, Canada


The following excerpt is from J.S.P. v. J.H.S., 2015 BCSC 1239 (CanLII):

In McKenzie v. McKenzie, 2013 BCSC 749, Savage J. (as he then was) held that a husband effectively had a life interest in a cottage owned by a trust. Mr. Justice Savage wrote as follows:

Other Questions


Is resolution of an important part of a claim against a party in a personal injury claim against the other party to the claim substantially less impact on the balance of the claim? (British Columbia, Canada)
Is a beneficial interest held by shareholders in Del Cano Real Estate Trust a "beneficial interest" in the real estate REIT? (British Columbia, Canada)
In what circumstances will a court order that a wife receive one-half of the proceeds of the sale of her half interest in a property owned by her husband? (British Columbia, Canada)
What are the requirements for a constructive trust and a claim for the constructive trust? (British Columbia, Canada)
What is the test for finding a constructive trust in a claim for constructive trust? (British Columbia, Canada)
Can beneficiaries of a trust terminate the trust and have the trust property transferred to them? (British Columbia, Canada)
Is a shareholder of a Real Estate Investment Trust entitled to a claim of diminution in the value of the trust's assets? (British Columbia, Canada)
What is the test for a claim for a constructive trust interest in a deceased's estate? (British Columbia, Canada)
Does the operation of the title to defeat the claim of a resulting trust or constructive trust as against a third party? (British Columbia, Canada)
What are the serious issues to be tried on an appeal by the husband against the husband's appeal against the Husband's Agreement of Divorce? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.