Family Law - Division of Family Property - Determination of ownership of property
Husband and wife began cohabiting in 2003, married in 2012, and separated in 2015. Husband and wife had one child and resided in town house which had been purchased by husband’s father and mother. Following separation, wife and child remained in family residence. Wife applied for various relief, including sale of family residence and equalization of parties’ net family properties. Husband’s father sought orders for removal of wife from property and for immediate possession of property, as well as order requiring wife to pay him occupation rent retroactive to April 2015. Application granted in part. Common intention resulting trust was not basis upon which wife could establish beneficial ownership interest in townhouse unit. Husband’s father did not receive any financial contributions from husband and wife for mortgage, property taxes or condominium fees. Wife’s claim to beneficial ownership interest in property based on doctrine of resulting trust was dismissed. Wife had not established that father was enriched by them nor had she established that husband and wife had suffered any deprivation. Wife’s claim for remedial constructive trust based on unjust enrichment was dismissed. Wife failed to prove elements of proprietary estoppel on balance of probabilities. There was no credible evidence of detrimental reliance. Wife had no ownership interest in townhouse and were therefore not entitled to order for its sale.
Grasso v. Bhatt (2019), 2019 CarswellOnt 1323, 2019 ONSC 746, Petersen J. (Ont. S.C.J.).
Case Law is a weekly summary of notable civil and criminal court decisions by the Supreme Court of Canada, the Federal Court of Canada and all Ontario courts. These cases may be found online in WestlawNext Canada. To subscribe, please visit store.thomsonreuters.ca
