Felis facts neighbour entered into an arrangement

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Felis Facts: Neighbour entered into an arrangement with Doran to build a unit. Felis signed some docs that Doran asked him to sign. He did not know what the docs were. He signed them. They were contracts of sale and transfer – to Doran. Doran and wife became the RPs of the land. They mortgaged the blocks of land. Defaulted on the loans. Bank sold the blocks to an innocent third party. Felis claimed under the compensation fun. Was denied because F or neighbour had caused or substantially contributed to the loss. Hanson J (COA): Disentitling fraud by agent meant agent acting within the scope of their actual or apparent authority. In this case the neighbour had 37
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gone outside of the scope of authority given to him by Felis. Felis was entitled to compensation because he had not been guilty of neglect. Co-Ownership Worked Eg 1. Amy and 2 children. Amy – 50%. Bob- 25%. Cam- 25%. Bob and Cam die. Bob leaves estate to Amy. Cam leaves estate to David. Does David have an interest in the Berry Farm? a. At law, they are all initially registered proprietors. S30(2) provides a presumption that they are JTs. b. Are there words of severance? No. c. 4 unities are present. – So initially they are JTs. d. Upon death of B and C. e. Right of survivorship operated. B will be presumed to have died last (younger). Therefore at that moment B and A are JTs. Then B’s interest is extinguished leaving A the sole owner at law [subject to A lodging a S50 survivorship application]. f. At law, D gets nothing. g. In equity. h. Unequal contributions to the purchase price – presumption of a resulting trust would result the partied holding in equity an TIC in those proportions. Talk about whether the presumption may be rebutted by means of the gift exception. i. Advance money for business purposes. j. After the deaths. B’s interest in equity was inherited by A. C’s interest in equity is inherited by D. D has a 25% equitable interest. k. In conclusion, A is the sole owner at law, but holds legal title on trust for D who holds a 25% share in equity. 2. Fred and Ginger. RPs. G moves to the city. Fred pays off mortgage from earnings. Fred takes mortgage on property. Buys materials, but builds himself. 3 years Fred dies leaves estate to Irene. Advise G and I. a. At law, initially F and G are joint proprietors JTs at law given S30(2). b. Words of severance? No words of severance. c. 4 unities present? Yes. (PITT) d. F and G are JTs at law. e. Initially in equity. f. Equal contribution to purchase price. g. Joint liability on mortgage. h. F and G are JTs in equity – right of survivorship applies. i. Can severance rebut?? j. Does the taking out of a mortgage sever the JT. No severance under TLS. But would by under GLL (Lyons v Lyons). k. He decides to rent? He is only involved. Business intent will not sever. It is not an agreement. l. Does the grant of a lease by Fred sever the JT? It suspends the JT in equity for the period of the lease. (F v Unger). That 38
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suspension is only as so far as is necessary to protect the lessee.
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