Kevin Jaques brings our attention to a Saskatchewan case that examines what can happen when a parent who has registered joint title in a property with a child attempts to undo that title.
Case summary: Parent-child joint title easy to do, difficult to undo
Stubbings v Stubbings, 2018 SKQB 8
Layh, J.
Shawn Patenaude for the applicant
Doreen Clark for the respondent
January 4, 2018
Very good case from Saskatchewan relevant to real estate and estate planning practitioners. The court gets into current and common law issues about parents putting land into joint tenancy with their children, including rebutting presumption of resulting trust, severance, partition, sale, undertakings to buy, and such. I like how he rather sharply rejected a “fairness” test with respect to partition.
Prepared by Kevin Jaques, B.A., J.D., Chair Real Property Section