The applicant, an elderly woman in long-term care, sought a writ of possession to evict her nephew from her home so it could be sold to fund her care.
The nephew argued he had an oral agreement granting him a life interest in the property in exchange for helping his aunt and paying her $50,000, which he claimed was part consideration.
The court found the $50,000 was repayment of a prior debt and that the nephew's actions did not constitute part performance unequivocally referable to an agreement for an interest in land.
The court rejected the nephew's claims of proprietary estoppel and granted the writ of possession, staying the eviction for three months to allow him to relocate.
