In Beirat v. Khiyal (Ont CA, 2024) the Ontario Court of Appeal allowed an appeal, here of an interlocutory order that limited the issues to be addressed at trial ["limited to the determination of the assets of the estate at the date of death"].
Here the court makes a point about remedies and joint assets:
[15] Second, to the extent that the motion judge concluded that the appellant and the deceased were equal owners of various of the assets based on findings that financially, they were "one economic unit", he erred in law: Kerr v. Baranow, 2011 SCC 10, [2011] 1 S.C.R. 269. Even where there is a finding of a joint family venture, the remedy is a share of accumulated wealth proportionate to contributions. There is no presumption of equal sharing. Instead, the respective contributions of the parties must be considered in determining the claimant’s proportionate share: see Kerr v. Baranow, at paras. 62 and 102.
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