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This blog has been written by Mohena Singh, Associate at Fasken LLP. Last week I had the opportunity to attend the South Asian Bar Association North America Conference here in Toronto. The conference included three days of programming, meeting lawyers from across the continent and participating in conversations revolving around issues concerning the South Asian community. As a part of the programming, I moderated a panel on cross-border estate and….

The recent case of Zapata v Zapata, 2024 ONSC 3677 (CanLII) provides a useful refresher on the doctrine of resulting trust. In Zapata, the applicant sought a declaration that she was entitled to the proceeds of sale of a house in Toronto. The house was previously owned by the applicant and her husband as joint tenants. The applicant wanted to sell the house but her husband refused. On the advice….

When an Order is granted on consent in a proceeding, it is inherent that all of the parties have agreed to the Order, hence the obvious use of the word “consent”. Nevertheless, and however improbable it may seem, it is possible to appeal a Consent Order. The applicant in Behrisch v Behrisch, 2024 ABCA 101 did just that, as she contended that although she had originally consented to the Order,….