The plaintiffs sought a vesting order over residential property registered in their daughter's name, alleging that title had been placed in her name solely to obtain financing due to their bankruptcies.
They asserted an oral agreement that ownership would be transferred to them once the loan used to purchase the property had been repaid.
The defendant denied the agreement and argued that any compensation should be limited to monetary reimbursement for payments made.
The court found that the plaintiffs had paid the purchase-related expenses and loan repayments and that the defendant would be unjustly enriched if she retained the property.
Applying resulting trust principles, the court ordered that the property be vested in the plaintiffs.
