In The Estate of William Robert Waters v. Gillian Henry et al., Cassels successfully represented the Estate of William Waters in a complex dispute involving over $30 million in transfers made by the deceased to his wife’s personal support worker, Ms. Gillian Henry. Cassels advanced claims to recover assets and enforce equitable remedies, including a resulting trust over properties and repayment of outstanding loans.
Cassels was successful in obtaining significant results for the Estate including findings that the Estate retained an 80% beneficial interest in a horse boarding business that was found to be funded by Dr. Waters. The Court held that the funds used to purchase and renovate the property were not gifts but investments, giving rise to a resulting trust. The Court also ordered the return of $2.85 million to the Estate in trust for Dr. Waters’ spouse, Phyliss Waters, after finding that these funds had been improperly transferred from her accounts and used for the benefit of Ms. Henry.
Cassels also secured an order for repayment of $1.02 million in outstanding loans from Ms. Henry to the Estate, based on documented and admitted advances. The Court directed that a mortgage registered on one of Ms. Henry’s properties be discharged upon repayment. The Estate was further granted recovery of Mr. Waters’ Order of Canada medal and relief from a personal guarantee he had provided on a mortgage for Ms. Henry’s property.
The Court dismissed Ms. Henry’s counterclaim alleging sexual battery, finding the allegations lacked credibility and were not supported by corroborative evidence, as required under section 13 of the Evidence Act. The Court also dismissed all claims against Ms. Henry’s family members, finding that the funds they received were gifts and not subject to trust claims.
This decision affirms the importance of documenting intentions when transferring significant assets and highlights the evidentiary burden required to challenge or defend such transfers in estate litigation.
A copy of the decision can be found here.