Date: 19980309
Docket: A-696-95
CORAM: STRAYER J.A.
DÉCARY J.A.
ROBERTSON J.A.
BETWEEN:
ATTORNEY GENERAL OF CANADA
Appellant
- and -
MERVIN HOLIZKI
Respondent
REASONS FOR JUDGMENT
(Delivered from the Bench at Regina, Saskatchewan,
on Monday, March 9, 1998)
[1] We have concluded that the appeal should be dismissed because there is no basis upon which this Court should interfere with the findings of the learned Trial Division judge. In our view he correctly identified the legal criteria relevant to a resulting trust. He then made findings of fact which supported the existence of a resulting trust at the time of the transfer of shares to Maureen Holizki on July 1, 1978. While that conclusion on the evidence was not the only one possible, having regard to the jurisprudence of the Supreme Court such as Schwartz v. The Queen1, we cannot say that the trial judge"s findings were unreasonable and therefore invalid.
[2] The appeal should therefore be dismissed with costs, but having regard to the lateness of the filing and serving of the respondent"s factum, the respondent should not be entitled to the costs of his factum.
J.A.
Date: 19980309
Docket: A-696-95
CORAM: STRAYER J.A.
DÉCARY J.A.
ROBERTSON J.A.
BETWEEN:
ATTORNEY GENERAL OF CANADA
Appellant
- and -
MERVIN HOLIZKI
Respondent
Heard at Regina, Saskatchewan, on Monday, March 9, 1998.
Judgment delivered from the Bench on March 9, 1998.
REASONS FOR JUDGMENT
OF THE COURT DELIVERED BY: STRAYER J.A.
__________________
1 96 D.T.C. 6103.
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