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CanLII (Federation of Law Societies of Canada)
CanLII · Legal · License: Open Access
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canadacanadiancaselawcourtopinionfamilypetitionpostproperty
canada, canadian, case law, court opinion, canlii, skca, 2026skca80, 2026 skca 80 (canlii), 2026, skca, 80, (canlii), cacv4201, 2026, property, real property, joint tenancy and beneficial interest, gratuitous transfer of farmland into joint names, did the transferee disprove donative intent under dunnison estate v dunnison?, right of survivorship as present valuable interest, schimelfenig distinguished, evidence of rent allocation not determinative of beneficial ownership, assignment of value to joint interest upheld, appeal on this point dismissed, family, family property, valuation date, the family property act, s. 2(1) “value”, whether farmland should be valued at application or adjudication, market, driven appreciation favours trial date per ackerman v ackerman, competing appraisals assessed, trial, date values accepted, petition, date evidence insufficient for 2022 values, no error in using realtor’s opinions, appeal on valuation dismissed, family, equalization, post, petition income and occupation rent, whether rental income from corporate, held farmland and occupation of cabin justify unequal division, return on capital shared per suderman v yakubowski, suderman, quantification of rents palpably wrong, adjusted to net figure, occupation rent awarded on casey factors, modest amount, equalization recalculated in part, family, debts, contingent tax liability, whether cra reassessment liability should be accounted for in division, trial judge erred by relying on improper conduct contrary to s. 25, fresh evidence admitted showing reduced cra balance, mechanism ordered to adjust if paid within fixed period, distribution amended conditionally, appeal allowed in part
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