Willman v Willman
Frank James Willman
Ronald George Willman
Law Firm / Organization
Kanuka Thuringer LLP
Lawyer(s)

Ryan Nagel

Background:
Frank James Willman (Plaintiff) and Ronald George Willman (Defendant) disputed ownership of land initially owned by Frank’s late partner, Susan McAuliffe. Following Susan’s death in 2012, settlement agreements and oral understandings between Frank and George about the land’s ownership and use became contentious.

Key Legal Issues:

  1. Contractual Dispute: Frank claimed an oral agreement with George to transfer a portion of the land (the Homestead) back to him after George’s temporary purchase. George denied this and asserted full ownership.
  2. Unjust Enrichment: Frank alleged George was enriched by acquiring land at a reduced cost, to Frank’s detriment.
  3. Constructive Trust: Frank argued George held the Homestead in trust for him based on equitable principles.
  4. Fraudulent Misrepresentation: Frank claimed George misled him into consenting to the transfer.
  5. Estoppel: Frank relied on promises he alleged George made.
  6. Limitations Act: George argued Frank’s claims were barred by statutory time limits.

Judgment:
The court dismissed Frank’s claims, citing insufficient evidence of enforceable agreements or unjust enrichment. The oral agreement lacked certainty and essential terms. George was awarded costs and granted vacant possession of the Homestead within 60 days. Frank bore his own legal expenses. Financial terms were not specified.

Total Costs
No specific monetary award was specified for costs, but George retained the disputed property and was awarded possession.

Court of King's Bench for Saskatchewan
QBG-SC-00035-2022
Real estate
Defendant