Appellant
Respondent
- Parties: The appellant was Albert Guimond. The respondent was Sylvie Guimond.
- Subject Matter: This matter arose from a family dispute involving the appellant father and the respondent daughter. The appellant applied for a declaratory judgment of simulation. The Quebec Superior Court had to consider whether the parties executed a verbal counter-letter providing that, when the appellant’s cousin sold the disputed property to the respondent, he would remain the true owner of the property, which was acquired only as a facade by the respondent. The court dismissed the appellant’s application and declared the respondent the property’s sole and exclusive owner. The appellant challenged this judgment. The respondent alleged that, after the transaction, she became the property’s true owner.
- Ruling: The appeal court ruled in the respondent’s favour and dismissed the appeal. The appeal court held that the evidence supported the trial judge’s factual findings. The appeal court found that the judge did not err by not addressing in the reasons the testimony of the appellant's two sons. The testimony provided that the sons perceived the appellant as the owner, given that he lived in the property for a long time. The appeal court noted that neither son testified that there was a counter-letter, which was the heart of this dispute.
- Date: The appeal court released its decision on Nov. 27, 2024.
- Venue: This was a case before the Court of Appeal of Quebec.
- Amount: The appeal court awarded costs in an unspecified amount.
Court
Court of Appeal of QuebecCase Number
500-09-030439-236Practice Area
Family lawAmount
$ 0Winner
RespondentTrial Start Date
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