Monday, May 16, 2016

Error to confuse source of money with money

Andrade v. Andrade, 2016 ONCA 368:

[46]        In finding that Luisa had no money of her own the trial judge conflated "income from paid employment" and "money". He confused the question of whether Luisa had money with the source of her money, which at least in the early years was the paid employment of her adult children. He did not explain why or how, once the working children gave their paycheques to Luisa, the money remained "their" money. It was no longer their money because they made a gift of it to their mother, knowing she would use it to support the family. Luisa's bank account was not a trust account. There was no evidence that the money was earmarked for specific purposes. Once the money was given to Luisa, it became "Luisa's money".

Of the Law Societies of Upper Canada and Nunavut 

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