Anthony Russo

The applicant and respondent, father and son, jointly owned a property used for their auto body business.

The applicant sought an unequal distribution of the proceeds from the property's sale, claiming unjust enrichment because his corporation paid all expenses and improvements since 2005.

The court dismissed the application, finding the claim was statute-barred under the Real Property Limitations Act because the cause of action arose in 2007-2008 when the respondent refused to transfer title.

Alternatively, the court found the applicant failed to prove unjust enrichment, as the corporation, not the applicant personally, incurred the expenses, and there was a juristic reason for the respondent's retention of the benefit.

The respondent brought a motion for the immediate partition and sale of the jointly owned family home.

The applicant opposed the sale, arguing it would prejudice his claims for resulting trust and unjust enrichment, as he alleged he solely funded the purchase and construction of the home.

The court dismissed the motion, finding that a sale was not an inevitable result at trial if the applicant succeeded on his resulting trust claim.

The court also ordered the parties to exchange Affidavits Listing Documents and proceed to questioning to address missing disclosure.