Michael Hilmoe, et al. v. Dianne Hilmoe
(Saskatchewan) (Civil) (By Leave)
Property - Real property, Land registration, Wills and estates, Presumption of resulting trust - Property — Real property — Land registration — Torrens based registration — Joint tenancy —Wills and Estates — Presumption of resulting trust — Is the resulting trust, and its presumption, compatible with the Torrens system? — Is the recognition of an unregistered equitable interest in land compatible with the Torrens system? — If Torrens system legislation creates a presumption of indefeasibility of title, is that presumption rebuttable and, if so, how? — Can a court abolish a principle of equity on the view that it no longer “serves a purpose”, in the absence of explicit statutory language? – The Land Titles Act, SS 2000, c. L 5.1.
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During his lifetime, Wayne Hilmoe acquired five parcels of farmland in Saskatchewan from his parents. In 2005 he prepared a will which gave a life interest in the farmland to his second wife and thereafter to his two children. Early in 2006, he transferred the farmland into joint tenancy with his second wife. The will was not changed and the testator died in 2007. The Court of Queen’s Bench of Saskatchewan granted a declaration of sole legal and beneficial ownership to the wife. A majority of the Court of Appeal for Saskatchewan dismissed the subsequent appeal.
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