Statue of Lady Justice outside B.C. Supreme Court in New Westminster. (Photo: Tom Zytaruk)

Daughter sues dad over Surrey real estate cash

Father said it was a gift, daughter said it was a loan. Judge concludes it was a loan

A woman has sued her father over money she provided to him in 2014 toward a down-payment for a Surrey property he planned to flip.

“The outcome of her claim turns on the correct characterization of this transaction” Justice Terry Schultes noted. The case was heard in B.C. Supreme Court in New Westminster. Stacey Ellen Grenier successfully sued her dad, Stanley Norman Williams, over $23,000 in April 2014 for a down-payment on a property he was trying to buy.

She said it was a loan, to be repaid with interest after her dad renovated the house and sold it for a profit. But he maintained it was a gift which he intended to return later, along with an additional sum as a “benefit.”

Williams told the court he returned $3,000 of it shorty after he received the cash, at his daughter’s request.

The court heard the money came from a settlement Grenier received for a motor vehicle personal injury claim of $29,662.81, for pain and suffering.

Grenier testified her father dropped by her house one day in April 2014 to tell her he had made a successful bid for a house he was planning to flip but was short on the down-payment and asked her if he could borrow her settlement money. “She told him she only had $23,000 left,” Schultes noted. “Mr. Williams said that he could ‘make that work.’”

READ ALSO: Court awards Surrey Costco shopping cart collector $583K after cars pin him

READ ALSO: Surrey pit bull bite victim loses lawsuit

She testified that she trusted her dad and wanted to help him out. The court heard she told him a 10 per cent return on the loan was fair.

“In cross-examination she agreed that there is a difference between 10 per cent interest and a 10 per cent return, as well as between a loan and a ‘gift with benefit,’” the judge noted. “However, she denied the suggestion that this money was a gift and that Mr. Williams’s intention was to give it back later.”

For his part, Williams said it was Grenier who suggested he use part of her settlement money for his real estate bid and he would not have shown up at her door asking for money, as she alleged. According to Williams account, Schultes noted, “he agreed to meet, and after hearing her proposal and ‘doing a mental analysis’ of what was being proposed, he accepted the money.”

“While he did not need the money to carry out the purchase, he thought that ‘as a gift to be repaid at some future date with a bonus, it made sense,’ so he accepted what he described as ‘a family gift process.’”

Williams told the court he maintained at the time of the transaction and repeatedly afterwards that it could not be a loan. But Schultes found otherwise.

“In short, I believe Ms. Grenier’s evidence on the nature of the transaction with Mr. Williams, and find that she loaned the money to him for one year, at an annual interest rate of 10 per cent,” Schultes concluded in his reasons for judgment.



tom.zytaruk@surreynowleader.com

Like us on Facebook Follow us on Instagram and follow Tom on Twitter

BC Supreme CourtSurrey

Just Posted

Flood evacuation in Fairmont; residents able to return home

Evacuation alerts remain in place for Fairmont Creek and Cold Spring Creek.

Copper Point Golf Course copes with COVID-19 safety measures

General manager says golf is one of few sports where implementing safety measures is fairly simple

Freshwater turtle sightings

Stewardship group wants to know where you’ve seen turtles in the Columbia Valley

Radium author launches book

Radium Hot Springs author Brent Lea launches thriller set in the great outdoors of southeastern B.C.

Helping our community during COVID-19

A high school student’s perspective

B.C. records four new COVID-19 cases, Abbotsford hospital outbreak cleared

Four senior home outbreaks also declared over, eight still active

RCMP, coroner investigate murder-suicide on Salt Spring Island

Two dead, police say there is no risk to the public

About 30% of B.C. students return to schools as in-class teaching restarts amid pandemic

Education minister noted that in-class instruction remains optional

Trudeau avoids questions about anti-racism protesters dispersed for Trump photo-op

Prime minister says racism is an issue Canadians must tackle at home, too

B.C.’s Law Enforcement Torch Run for Special Olympics goes virtual

The annual event partnering RCMP with Special Olympians is dramatically altered by COVID-19

Introducing the West Coast Traveller: A voyage of the mind

Top armchair travel content for Alaska, Yukon, BC, Alberta, Washington, Oregon and California!

Bateman program encourages people to sketch outside, connect with nature

#MyNatureSketch initiative encourages Canadians to become ‘bright-eyed three year olds’

Be cautious expanding COVID-19 bubble, Dr. Bonnie Henry tells B.C.

Senior homes stay off-limits as schools, businesses reopen

Most Read