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the parties’ common intention was accepted in Murdoch v. Murdoch (1974), 41 D.L.R. (3d) 367, 377 per MartlandT. 15 Gissing v. Gissing, [1971] A.C. 886, 896 per Lord Reid, 900 per Viscount Dilhorne, 902 per Lord Pearson, 906 per Lord Diplock. But this is not to impute to the parties an intention which they did not have. 10 Gissing v.
His claim was disallowed, however, because there was no evidence of an agreement or of any common intention that the husband should have an interest by reason of the work he did on the house which the wife alone had purchased; such an agreement or common intention was held to be necessary where improvements, at least if not substantial, were concerned.
Aug 31, 2023 · The doctrine of "common intention," introduced in Murdoch v. Murdoch, is pivotal for resulting trusts. The Court looks for evidence suggesting that both parties intended to share the beneficial interest in a property, even if the property is legally vested in one person.
70 The appropriate mechanism to give relief to a wife who cannot prove a common intention or to a wife whose contribution to the acquisition of property is physical labour rather than purchase money is the constructive trust which does not depend on evidence of intention. Perhaps the resulting trust should be as readily available in the case of a contribution of physical labour as in the case ...
Decisions and Resources Supreme Court Judgments Murdoch v. Murdoch. This page contains a form to search the Supreme Court of Canada case information database. You can search by the SCC 5-digit case number, by name or word in the style of cause, or by file number from the appeal court.
Nov 30, 2014 · Murdoch v. Murdoch. Murdoch v. Murdoch, 1973 CanLII 193 (SCC), [1975] SCR 423. Facts: The husband and wife purchase a small ranch that is used to entertain customers. They then sell it and use the cash ($3,500) to purchase a much larger ranch. The husband had another job that required him to work elsewhere.
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Lecture Feb 6 Murdoch v Murdoch Division of Marital Assets Parties: Irene Murdoch and James Murdoch Level of Court: SCC Year: (decision) 1975 (heard 1973) 1978 first case Cause of Action: Irene claimed one-half interest in the assets of her former husband. Holding: appeal dismissed (Laskin dissenting.) Civil; Supreme Court Don’t have idea that you split assets yet Later in 1973, Laskin ...
