Does the trial judge erred in reaching the conclusion that these parties agreed to sever the joint tenancy in 1977?
British Columbia, Canada
The following excerpt is from Farley v. Pearlson, 2003 BCCA 37 (CanLII):
Despite a stellar effort by counsel on behalf of the former wife of one of the former joint tenants of the property, we have not been persuaded that the trial judge erred in reaching the conclusion that these parties agreed to sever the joint tenancy in 1977. There was evidence to support his finding. In these circumstances it is not necessary for us to consider the interesting submissions counsel made in this case and about the reach and meaning of the decision in Williams v. Hensman, [1861] 1 J. & H. 546, generally thought to be the leading case on the subject.
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