GIFTS - Inter vivos - Validity of transfer - Proof of gift

Law360 Canada ( May 14, 2021, 6:17 AM EDT) -- Appeal by the Zachariadis estate trustees from summary judgment dismissing their claim against the defendants, the Giannopoulos estate trustees. In 1996, Zachariadis began a relationship with Giannopoulos. Zachariadis was divorced from his former spouse and was estranged from his two daughters, the appellants. That estrangement continued until his death. In 2014, Zachariadis moved into Giannopoulos’s apartment with a view to marriage. He gave Giannopoulos a bank draft for $700,000 which she deposited into her bank account. One month later, Zachariadis was diagnosed with cancer. He died within three months. Zachariadis died without a will and thus his estate passed to the appellants. In 2017, they commenced an action to recover the $700,000 paid to Giannopoulos based on breach of trust, fraud, conversion and unjust enrichment. The defendants moved for summary judgment. The appellants sought an adjournment to examine non-party witnesses. The motion judge refused the request and granted summary judgment dismissing the claim. The judge found that the action was statute-barred and that the defendants established the $700,000 was a valid gift. The defendants were awarded costs of $200,000 due to the unsupported fraud claim. The plaintiffs appealed....
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