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REPORTS of FAMILY LAW Seventh Series/Septi`Eme S´Erie Recueil De Jurisprudence En Droit De La Famille VOLUME 9 (Cited 9 R.F.L

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REPORTS of FAMILY LAW Seventh Series/Septi`Eme S´Erie Recueil De Jurisprudence En Droit De La Famille VOLUME 9 (Cited 9 R.F.L REPORTS OF FAMILY LAW Seventh Series/Septi`eme s´erie Recueil de jurisprudence en droit de la famille VOLUME 9 (Cited 9 R.F.L. (7th)) EDITOR-IN-CHIEF/REDACTEUR´ EN CHEF Philip Epstein, Q.C., L.S.M. Epstein Cole LLP, Toronto, Ontario ASSOCIATE EDITORS/REDACTEURS´ ADJOINTS Aaron Franks, B.COMM., LL.B., M.B.A. Melanie Kraft, LL.B. Roslyn Tsao, LL.B. Ilana Zylberman, LL.B. Epstein Cole LLP, Toronto, Ontario David C. Day, Q.C. E.F. Anthony Merchant, Q.C., B.A., Lewis, Day LL.B., D.ADMIN. St. John’s, Newfoundland Merchant Law Group Regina, Saskatchewan Donald M. Hendy, B.C.L. Harold Niman, B.A., LL.B. Hendy, Greenberg Niman Zemans Gelgoot Montr´eal, Qu´ebec Toronto, Ontario Marie L. Gordon, Q.C. Andrew J. Freedman, CA•IFA, Gordon Zwaenepoel CBV, ASA Edmonton, Alberta Duff & Phelps Toronto, Ontario CARSWELL EDITORIAL STAFF/REDACTION´ DE CARSWELL Cheryl L. McPherson, B.A.(HONS.) Director, Primary Content Operations Andre M. Popadynec, B.A.(HON), LL.B. Product Development Manager Jennifer Weinberger, B.A.(HONS.), J.D. Sharon Yale, LL.B., M.A. Supervisor, Legal Writing Supervisor, Legal Writing Susan Koster, B.A.(HONS.), LL.B. Lori Lockwood, B.A.(HONS.), LL.B. Lead Legal Writer Senior Legal Writer Barbara Roberts, B.A.(HONS.), LL.B. Martin-Fran¸cois Parent, LL.B., Senior Legal Writer LL.M., DEA (PARIS II) Bilingual Legal Writer Bridget Mak, B.A.(HONS.), LL.B. Andrea Toews, B.A., LL.B., LL.M. Legal Writer Legal Writer Mark Koskie, B.A.(HONS.), M.A., LL.B. Rachel Bernstein, B.A.(HONS.), J.D. Legal Writer Legal Writer Annie Chan, B.A. Content Editor REPORTS OF FAMILY LAW, a national series of topical law reports, is Recueil de jurisprudence en droit de la famille, une s´erie nationale de published twice monthly. Subscription rate is $345.00 per bound volume in- recueils de jurisprudence, est publi´e deux fois par mois. 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Les analyses The analysis contained herein should in no way be construed as being either comprises dans les pr´esentes ne doivent etreˆ interpr´et´ees d’aucune fa¸con official or unofficial policy of any governmental body. comme etant´ des politiques officielles ou non officielles de quelque organ- isme gouvernemental que ce soit. 8 The paper used in this publication meets the minimum requirements of 8 Le papier utilis´e dans cette publication satisfait aux exigences minimales American National Standard for Information Sciences — Permanence of Pa- de l’American National Standard for Information Sciences — Permanence of per for Printed Library Materials, ANSI Z39.48-1984. Paper for Printed Library Materials, ANSI Z39.48-1984. ISSN 0317-4859 ISBN 978-0-7798-3723-6 Printed in Canada by Thomson Reuters CARSWELL, A DIVISION OF THOMSON REUTERS CANADA LIMITED One Corporate Plaza Customer Relations 2075 Kennedy Road Toronto 1-416-609-3800 Toronto, Ontario Elsewhere in Canada/U.S. 1-800-387-5164 M1T 3V4 Fax 1-416-298-5082 www.carswell.com E-mail www.carswell.com/email Hansen Estate v. Hansen 251 [Indexed as: Hansen Estate v. Hansen] Gitte Kok and Susan Leckie, Estate Trustees for the Estate of Willy Hansen, deceased (Applicants / Appellants) and Barbara Lorraine Hansen (Respondent / Respondent) Ontario Court of Appeal Docket: CA C53954 2012 ONCA 112 W.K. Winkler C.J.O., Doherty, S.T. Goudge JJ.A. Heard: January 11, 2012 Judgment: February 22, 2012 Family law –––– Division of family property — Matrimonial home — Sever- ance of joint tenancy –––– After 17 years of marriage, wife moved out of matri- monial home couple held in joint tenancy (“JT”) — Wife advised husband that she wished to negotiate separation agreement to divide property quickly and that he could remain in home being appraised if he bought her out, then leased se- niors’ residence under 12-month lease and had home appraised — Husband made new will giving estate to daughters from prior marriage and appointing them executors, and changed utilities to own name — Parties executed financial statements — Husband died — Wife claimed ownership of home by way of JT — Daughters brought unsuccessful application for declaration that father’s estate was entitled to undivided, one-half interest in home — Application judge reviewed methods for severing JT, including course of conduct method, refer- ring to definition of “course of dealing” in law dictionary as “clearly recogniza- ble pattern of conduct established through series of transactions or implementa- tion of decisions” — Application judge described fact patterns from previous cases and treated them as recognizable patterns of conduct to be proven to meet course of dealing test — Noting that there was no exchange of offers, discussion division of proceeds or divorce, actions against each other, exchange of corre- spondence regarding interests or otherwise formal severance of JT such as in other cases, application judge determined that severance was not established — Daughters appealed — Appeal allowed — Application judge correctly enunci- ated appropriate principles and correct legal test for severing JT, but erred in restricting application of severance by “course of dealing” to cases which fol- lowed patterns of conduct established in prior cases — Test for severance by course of conduct required determination of whether parties intended to mutu- ally treat interests in property as constituting tenancy in common, and party as- serting that JT was severed did not have to establish that co-owners’ conduct fell into formulation found to have had effect of severing JT in other cases — Court had to look to totality of evidence to determine if parties intended that interests be treated mutually as constituting tenancy in common — Application judge 252 REPORTS OF FAMILY LAW 9 R.F.L.
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