Haug v. Millar
Roslyn Frantz Haug
Law Firm / Organization
Not Specified
Lawyer(s)

C.T. Hart

Denise Yvonne Millar
Law Firm / Organization
Benson Law LLP
Lawyer(s)

Terry M. McCaffrey

Background: Roslyn Frantz Haug was a musician and teacher, while Denise Yvonne Millar was an artist. The plaintiff initially purchased the property alone and later transferred it into joint tenancy with the defendant. The defendant resided in the property, paid rent, and later shouldered mortgage payments and property expenses. Financing for property improvements relied on the plaintiff’s credit.

Legal Arguments/Issues:

  • Presumption of Indefeasible Title: The court examined if the presumption was rebutted by an agreement between the parties. It analyzed whether the transfer was gratuitous and if a resulting trust applied.
  • Unjust Enrichment: The plaintiff claimed unjust enrichment, asserting the defendant received a benefit without providing corresponding value, leading to the plaintiff's deprivation.

Held:

  • Resulting Trust: The court found the property transfer to be gratuitous, with no consideration from the defendant. Thus, the presumption of resulting trust was upheld, favoring the plaintiff's continued interest in the property.
  • Unjust Enrichment: The court ruled no unjust enrichment occurred since both parties conferred benefits to each other, with no corresponding detriment suffered by the defendant.

Costs and Award: The court ordered the net sale proceeds of $379,276.51, held in trust, to be equally distributed between Roslyn Frantz Haug and Denise Yvonne Millar. The plaintiff, being the substantially successful party, was awarded her costs.

Supreme Court of British Columbia
S132580
Civil litigation
$ 379,277
Plaintiff