The applicant brought a motion seeking an order that one-half of the sale proceeds of a mobile home owned by the respondent be placed in trust as security for his claim of a joint family venture.
The parties, who were unmarried, lived together for a lengthy period.
The applicant claimed to have made significant financial and physical contributions to the mobile home.
Because the parties were not married, the court determined the applicant could not rely on section 12 of the Family Law Act and instead applied the test for a Mareva injunction.
The court found the applicant established a strong prima facie case, a serious risk of dissipation of assets, and that the balance of convenience favoured granting the injunction.
The motion was granted, requiring one-half of the net proceeds to be held in trust upon the applicant filing an undertaking as to damages.
