2 total
Family members' trust claims over properties dismissed due to lack of clean hands and concealed assets.
The applicant held legal title to two properties.
His parents and brothers brought a cross-application claiming beneficial ownership of the properties based on resulting trust, constructive trust, and unjust enrichment, alleging they provided the purchase funds and paid expenses.
The court dismissed the family members' claims, finding that the father had concealed his alleged assets to receive social assistance and declare bankruptcy, thereby disentitling him to equitable relief under the clean hands doctrine.
The court granted the applicant's request for exclusive possession of the residential property.
Eviction claim stayed for Landlord and Tenant Board jurisdiction, but breach of contract claims proceed.
The applicant property owner sought a declaration that the respondents breached an agreement of purchase and sale, an eviction order, and damages.
The respondent brought a motion to stay the application, arguing the Landlord and Tenant Board had exclusive jurisdiction under the Residential Tenancies Act.
The court found that a landlord and tenant relationship existed and the parties could not contract out of the Act, meaning the applicant must comply with the Act for eviction.
However, the court declined to stay the entire application, as the claims for breach of contract and damages fell outside the Board's exclusive jurisdiction.
