Law360 Canada ( May 11, 2023, 5:49 AM EDT) -- Appeal by Sandwell from the judge’s finding that his intention was to make a gift to his daughter, and not a resulting trust. Sandwell transferred a joint tenancy interest in his residential home for no consideration to his adult daughter, Sayers, in December 2020. Sandwell later started a claim against Sayers, seeking a declaration that she held her interest in trust for him, and to remove Sayers from title. On a summary trial application brought by Sandwell, he argued that his primary motivation for the transfer was his fear that his son could take his home. The judge dismissed his claim, finding that his intention was to make a gift to his daughter. On appeal, Sandwell submitted the judge erred in failing to find a resulting trust, or in failing to set aside the transfer based on the ancient doctrine of unconscionable procurement, which he said applied since he did not fully understand the legal implications of the gift. Particularly, he submitted he did not comprehend that the transfer could give Sayers the rights to apply to sever the joint tenancy or expose the property to creditors while he was still alive, causing him to lose the security of his home. Sayers said her father was a strong-willed man who made up his own mind to gift the property interest to her, he fully understood what he was doing and had simply changed his mind....