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Whelton Hiutin Successfully Defeats Property Claims at Trial

Daniel McConville and Roshni Khemraj successfully represented the plaintiff and third party in Debren v. Debren, a dispute over ownership of a cottage property. The defendants claimed trust interests over the property in addition to damages for certain funds advanced. Following a five day trial Justice Vermette found in favour of our clients on all of the issues: granting the declaratory relief sought and dismissing all of the defendants’ claims. The decision deals with the law of resulting and constructive trusts, as well as the ability to advance claims that either vested in a trustee in bankruptcy or properly belonged to corporations as opposed to individuals. The decision is available at Debren v. Debren, 2024 ONSC 3998.