In the result, Michael will purchase Frank’s interest in
their joint enterprise for the total sum of $1,051,188, made up as
Share of family businesses $424,359
Shareholder loans $401,954
Commission equalization $224,875
 If the parties are unable to agree on prejudgment interest
or costs, I will consider brief written argument provided that it
is delivered to my assistant at Judges’ Reception, Durham
Region Court House, Sixth Floor, no later than April 30, 2017.
 If there are any difficulties in carrying these reasons into
effect, an attendance may be arranged through the trial coordinator at Oshawa.
Jansen v. The Estate of Niels by her Estate Trustee
Niels et al.
[Indexed as: Jansen v. Niels Estate]
2017 ONCA 312
Court of Appeal for Ontario, Simmons, Pepall and Huscroft JJ.A.
April 18, 2017
Real property — Co-ownership — Joint tenancy — T transferring title
in house from herself alone to herself, son and daughter-in-law as joint
tenants — Joint tenancy not severed by subsequent separation agreement pursuant to which son agreed to transfer his interest to daughter-in-law when T died.
In 2007, T transferred title to a residence from herself alone to herself, her son
R and her daughter-in-law I as joint tenants. In 2009, R and I signed a separation agreement that R prepared from a form he obtained on the Internet. The
agreement provided that R would transfer his interest in the property to I following T’s death and stated that the property was to be the inheritance of their
children. T was diagnosed with cancer in 2010. I took care of her until her death.
After T’s death, R transferred his interest in the property to I. T’s daughter M
brought an application for a declaration that the house was part of the estate and
should be distributed under a will and codicil made in 2004. The application was
dismissed. M appealed that decision and sought leave to appeal the application
judge’s award of costs against her personally.