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Sisters' ownership dispute settled: express trust confirmed by court

Fasken
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Overview

Client

Wen Lian Graham

Graham v. Li, 2024 BCSC 1801

This case involved a dispute between sisters, Wen Lian Graham ("Winnie") and Mei Lian Li ("Mei"), regarding the ownership of a condominium at 1206-10777 University Drive in Surrey, British Columbia ("Unit 1206").

Winnie claimed that Mei held Unit 1206 in trust for her and sought a declaration of trust as well as a transfer of title to the property.

Mei denied holding the unit in trust and counterclaimed with respect to an alleged loan.

The court found that Mei held Unit 1206 on an express trust for Winnie, satisfying the three certainties of intention, subject matter, and object.

The court further agreed with Winnie that no funds were loaned to her but that the alleged debt related to funds held in trust for the parties’ parents. Mei’s counterclaim was accordingly dismissed.

The plaintiff was represented by Corry A. Clark and Zoe Capps (temporary articling student), with support from Vivian Ho. 

Jurisdiction

  • British Columbia

Team

  • Corry Clark, Partner | Commercial Litigation, Surrey, BC, +1 604 631 4795, cclark@fasken.com
  • Zoe Capps, Temporary Articling Student, +1 604 631 3141 , zcapps@fasken.com
  • Vivian Ho, Associate | Litigation and Dispute Resolution, Vancouver, BC, +1 604 631 4989, vho@fasken.com