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

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

The first Pfizer-BioNTech COVID-19 vaccine dose in Canada sits ready for use at The Michener Institute in Toronto on December 14, 2020. (THE CANADIAN PRESS/Frank Gunn)
Lake Babine Nation to receive Pfizer COVID-19 vaccine

Vaccine to arrive within next two weeks for elders 65+

The first of two massive turbines headed from Prince Rupert for the Site C Dam near Fort St. John on Jan 10. (Photo: Supplied by Tasha McKenzie)
Massive turbines begin trek across Northwestern B.C.

Hydro-Electric turbines headed from Prince Rupert to Site C Dam week of Jan. 10 to 14

Zhùr, the ancient wolf pup found mummified in permafrost at Last Chance Creek mine in July 2016. (Government of Yukon/Submitted)
‘Mummy’ wolf pup unearthed in permafrost paints a picture of ice age ancestors

Zhùr is the best preserved and most complete mummy of an ancient wolf found to date.

A health-care worker prepares a dose of the Pfizer-BioNTech COVID-19 vaccine at a UHN COVID-19 vaccine clinic in Toronto on Thursday, January 7, 2021. THE CANADIAN PRESS/Nathan Denette
Smithers vaccination program to begin next week

Smithers mayor reports to council BVDH will be getting the Pfizer-BioNTech vaccine

A woman wears a face mask and shield to curb the spread of COVID-19 while walking in North Vancouver, B.C., on Wednesday, January 6, 2020. THE CANADIAN PRESS/Darryl Dyck
536 COVID cases, 7 deaths reported as B.C. find its first case of South African variant

Henry said 69,746 people have received their first dose of the COVID vaccine.

Alan Davidson was sentenced to almost six years for abusing seven boys in the late 1970s and early 1990s. (Canadian Press file)
Full parole granted to former Mountie, sports coach convicted of sex abuse of boys

Alan Davidson convicted of abusing boys in B.C. and Saskatchewan in late ’70s, early ’90s

The first COVID-19 vaccine arrives in B.C. in temperature-controlled containers, Dec. 13, 2020. (B.C. government)
More vaccine arrives as B.C. struggles with remote COVID-19 cases

Long-term care homes remain focus for public health

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

The first Pfizer-BioNTech COVID-19 vaccine dose in Canada is prepared at The Michener Institute in Toronto on Monday, Dec. 14, 2020. THE CANADIAN PRESS/Frank Gunn
Doses of COVID-19 vaccine expected in 60 B.C. First Nations by next week

B.C. has allocated 25,000 doses of COVID-19 vaccine to First Nations for distribution by the end of February

Kamloops-South Thompson MLA Todd Stone questions the NDP government in the B.C. legislature, Feb. 25, 2020. (Hansard TV)
Todd Stone says he’s not running for B.C. Liberal leadership

Kamloops MLA was widely viewed as a front-runner

Wireless voice and data services are out for those on Telus as of Thursday (Jan. 14) afternoon across Western Canada, Telus Support said in a recent Tweet. (Black Press file photo)
UPDATE: Telus services restored across Western Canada

Telus said they are monitoring the situation to ensure connections remain stable

Screenshot from video.
2 students arrested in assault of transgender girl at Lower Mainland school

Mother says daughter was targeted because of how she identifies

Constable Ken Jaques broke a window and crawled into a home to rescue an elderly man who had be laying on the floor for days. Jaques was the officer who provided oversight for the 2020 Remembrance Day services and is shown here in a picture with his son. Photo Andrea DeMeer
Senior who fell and spent days lying on floor of home saved by Princeton cop

He broke the glass and crawled into the house, while calling for assistance from BC Ambulance

Most Read