Term
Novak v. Gatien
Re Gore
Schobelt v. Barber |
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Definition
| no survivorship for murderers |
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Term
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Definition
| when unsure of JT or TIC, it will be held as TIC |
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Definition
unmarried couple bought laundromat as joint tenants explicitly
parties expressly override statute=equity will not step in |
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Term
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Definition
To sever joint tenancy
Unilateral Act
Mutual Agreement
Course of Dealings |
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Term
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Definition
joint tenants separated, one mortgaged home
Mortgage does not sever JT |
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Term
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Definition
| granting a life estate from one JT to another JT does not sever joint tenancy |
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Term
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Definition
| bankruptcy severs joint tenancy |
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Term
Brooklands Lumber
Power v. Grace |
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Definition
| a charge against a land (from a creditor) does not sever joint tenancy |
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Term
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Definition
| joint tenancy can be severed by mutual agreement, and does not have to be in writing (in Manitoba) |
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Definition
old men joint tenants on farm, on deathbed promised land to daughter, other was silent
Mutual course of dealings inconsistent with JT will sever |
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Term
| Stonehouse v. Attorney General |
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Definition
gave 1/2 share to daughter, carried it in her purse
Severance occurs at the time of the action, before registering it at land titles |
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Term
| Re Wilkes, Child & Bulmer |
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Definition
3 minors got income of JT, one wanted his share
A single JT cannot sever without act of disposition |
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Definition
thought they were getting married, bought a house
Unilateral declaration of intent is not enough to sever, need an act of disposition |
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Term
Fritz v. Fritz
Schwabiuk v. Schwabiuk |
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Definition
Writ de partitione facienda (compelling another co-owner to partition)
Burden of proof rests on the guy who doesn't want to partition |
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Term
| Re Winspear Higgins Stevenson |
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Definition
| Court's power to order partition and sale is discretionary |
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Term
| Nunes v. Disrict Registrat |
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Definition
portuguese business went bankrupt
There is no fiduciary duty between co-owners |
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Term
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Definition
hop farm, one guy did all the work
Co-owner entitled to fair share |
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Definition
separated husband lying around drinking beer, didn't rent out the top floor
Absent co-owner can seek occupation rent if: was forced off land, there was an arrangement, or during a partition suit (but only if other co-owner makes claim for expenses)
Co-owners can claim compensation for repairs only if: it was requested/arranged, or if they are discharging a common obligation |
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