Law360 Canada ( November 24, 2016, 7:00 PM EST) -- Appeal by the plaintiff, the Thorsteinson Estate, from a judgment dismissing an action and upholding a gift in favour of the defendant, Olson. The testator had served as the defendant’s nanny and they subsequently developed a close relationship akin to parent and child. As an adult, the defendant lived at the testator’s property for several years. In 2000, the testator signed a deed of gift transferring nine parcels of farmland to herself and the defendant as joint tenants. In 2001, a dispute arose between the parties and the testator subsequently commenced an action seeking to have the transfers set aside on the basis of resulting trust, undue influence and breach of fiduciary duty, and seeking an accounting for the defendant’s use and occupation of the land. The testator’s Estate continued the action following the testator’s passing. The trial judge dismissed the action in its entirety and upheld the gift. The trial judge found no evidence of undue influence, and concluded that if the presumptions of either undue influence or resulting trust had arisen, both were rebutted by evidence of an intention to provide a complete and unconditional gift to the defendant. The Estate appealed....