Case information
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34410
Maria Louisa Bozzo, et al. v. Duca Financial Services Credit Union Ltd.
(Ontario) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2012-01-04 | Close file on Leave | |
| 2011-12-23 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2011-12-23 | Judgment on leave sent to the parties | |
| 2011-12-22 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C52323, 2011 ONCA 455, dated June 2, 2011, is dismissed with costs. Dismissed, with costs |
|
| 2011-11-28 | All materials on application for leave submitted to the Judges, CJ Ro Mo | |
| 2011-09-29 | Respondent's response on the application for leave to appeal, Completed on: 2011-09-29 | Duca Financial Services Credit Union Ltd. |
| 2011-09-06 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2011-08-31 | Application for leave to appeal, Completed on: 2011-08-31 | Maria Louisa Bozzo |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Bozzo, Maria Louisa | Applicant | Active |
| Bozzo, Albert | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Duca Financial Services Credit Union Ltd. | Respondent | Active |
Counsel
Party: Bozzo, Maria Louisa
Counsel
Mark Crane
1 First Canadian Place
100 King Street West, Suite 1600
Toronto, Ontario
M5X 1G5
Telephone: (416) 862-7525
FAX: (416) 862-7661
Email: duncan.boswell@gowlingwlg.com
Agent
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com
Party: Bozzo, Albert
Counsel
Mark Crane
1 First Canadian Place
100 King Street West, Suite 1600
Toronto, Ontario
M5X 1G5
Telephone: (416) 862-7525
FAX: (416) 862-7661
Email: duncan.boswell@gowlingwlg.com
Agent
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com
Party: Duca Financial Services Credit Union Ltd.
Counsel
43 Queen St. W.
Brampton, Ontario
L6Y 1L9
Telephone: (905) 452-6886
FAX: (905) 451-5058
Email: rvankessel@lawrences.com
Summary
Keywords
None.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Trusts — Express trusts — Validity of trust declaration — Applicant executing trust declaration whereby he declared that he held his shares in a certain company in trust for his wife — Respondent creditor claiming that purported trust is a sham and invalid and unenforceable — Whether retaining control of assets held in trust is determinative that a settlor does not have the requisite intention to create a trust — Whether appellate level courts can overturn a decision on a finding of fact without applying the necessary standard of review.
The applicant Albert Bozzo executed a trust declaration whereby he declared that he held his shares in a certain company in trust for his wife, Maria Bozzo. The respondent creditor commenced an action attacking the purported trust on the basis that it is a sham and invalid and unenforceable. The trial judge dismissed the respondent’s claim. The Court of Appeal allowed the respondent’s appeal of that decision and granted judgment in the form requested.
Lower court rulings
Ontario Superior Court of Justice
31-282211, 2010 ONSC 3104
Respondent’s claim dismissed
Court of Appeal for Ontario
C52323, 2011 ONCA 455
Appeal allowed; cross-appeal dismissed
Memorandums of argument on application for leave to appeal
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
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Related links
Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
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