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

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

South Surrey’s Darts Hill Garden Park to re-open – by appointment

City of Surrey-run garden will be open to visitors Thursday through Saturday

Surrey baseball association loses ‘a true giant’ in Bruce Lawson

Longtime volunteer ‘always gave his heart and soul to Surrey Canadian and the game of baseball’

Surrey School District forecasts up to 30 per cent of students will return to class this week

Education Minister Rob Fleming said on June 1, about 60,000 B.C. children returned to school

Surrey Mounties respond to report of shots fired in Cloverdale

They took 12 people into custody but found no evidence shots were actually fired

Facing changes together: Your community, your journalists

The COVID-19 pandemic has changed the world in ways that would have… Continue reading

VIDEO: A Vancouver Island black bear takes weekend nap in eagle tree

Videos captured by Terry Eissfeldt shows the bear arriving Saturday night and sleeping in on Sunday

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

RCMP, coroner investigate ‘unexpected deaths’ on Salt Spring Island

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

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

NDP getting COVID-19 wage subsidy ‘indirectly,’ B.C. Liberal leader says

B.C. NDP says Andrew Wilkinson is wrong about federal link

Parent, superintendent, trustee report smooth return to classrooms in B.C.

The biggest challenge is convincing families that it’s safe, some say

Two more COVID-19 cases reported by Langley long term care facility

One resident, one staffer have tested positive for the coronavirus

Most Read

l -->