Caroti v. Vuletic

canada, canadian, case law, court opinion, canlii, onca, 2026onca614, 2026 onca 614 (canlii), 2026, onca, 614, (canlii), coa-25-cv-0171; coa-25-cv-0213; coa-25-cv-0104, 2026, property, equitable distribution, proceeds paid into court, purchase money resulting trusts, whether settling parties had an equitable claim to preserved sale proceeds, resulting trusts arise by operation of law, not only on declaration, trial judge’s distribution order excluding settling parties set aside, new distribution order substituted, contracts, settlement agreements, election and releases, unpaid settlements, whether entering into settlements relinquished proprietary claims to sale proceeds, completed settlement required to abandon pre, settlement claims, charter building company co. v. 1540957 ontario inc. applied, settling parties could pursue original claims, trial judge’s approach rejected, procedure, appeals, remedies, courts of justice act, s. 134(1), whether court of appeal should make the distribution order that ought to have been made, new hearing unnecessary on complete record, carmichael v. glaxosmithkline inc. cited, distribution ordered in stages, appeals allowed in part and order substituted, procedure, costs, apportionment of preserved funds, whether trial judge improperly varied trial judgment by including costs in allocation, discretion under courts of justice act, s. 131(1) to prioritise costs, no entitlement to fixed percentage of preserved funds, reallocation among trial parties upheld, pichelli group appeal dismissed