Case Facts
Which province did this case take place in?
Alberta
What type of property ownership allows surviving owners to automatically inherit property
Joint tenancy
The estate argued that the house should belong to this instead of the surviving spouse
The estate
The court ruled the house passed to Veronique through this legal principle
Right of survivorship
Which government office would administer the estate if no will is found
Public trustee
Where did the couple buy their matrimonial home?
Edson
What doctrine allows a surviving joint owner to obtain full ownership when the other dies
Right of survivorship
This is the central question was whether the joint tenancy had been...
Severed
The judge found there was no evidence of this happening to the joint tenancy
Severance
The public trustee mistakenly did this with the household goods from the home
Selling them at auction
This major life event happened in April 1991 before Terry Dunn's death
Divorce
What form of ownership does NOT transfer property upon death
Tenancy in common
The estate administrator had this legal responsibility to prove severance
The burden of proof
Because of survivorship, the house did not become part of this
The estate
How much did the court award for the lost household goods
$16,500
What happened in 1992 that caused the property dispute?
Terry Dunn's death
Which legal act could Terry have used to break the joint tenancy before he died
Severing the joint tenancy
This Alberta law governed the division of assets between spouses
Matrimonial Property Act
The court said benefits received after death must still be considered under this legislation
Matrimonial Property Act
The court determined these 2 financial claims should offset each other
Occupation rent and mortgage payments
How much were the monthly mortgage payments?
$764/month
According to the court, this event alone does NOT automatically sever joint tenancy
Divorce
The estate argued that because this legal action had begun, the house should still be divided
Matrimonial property claim
The judge ruled the estate failed to prove this had occurred before death
Severance of the joint tenancy
The court awarded this type of financial addition because Ms. Dunn waited years for resolution
Prejudgement interest