Arian Monadjem

The parties jointly purchased a residential property as tenants in common.

After their relationship ended, the application judge granted an equitable vesting order transferring the appellant's one percent interest to the respondent and ordered compensation.

The appellant appealed the vesting order and compensation.

The respondent registered the vesting order on title before the appeal was heard.

The Court of Appeal held that the appeal of the vesting order was moot due to the registration on title and declined to exercise its discretion to hear it.

The court also dismissed the appeal regarding compensation and denied leave to appeal costs.

The appeal challenged Ontario recognition and enforcement of a German default judgment, relying principally on an arbitration-clause public-policy defence.

The court held public policy did not bar recognition where appellants failed to raise the arbitration point in the German proceeding and dismissed the appeal.