The applicant sought an equalization payment, challenging the beneficial ownership of a condominium property registered in the respondent's name and a second mortgage against it.
The court found the trust declaration and second mortgage, purportedly in favour of the respondent's father, to be shams designed to defeat the applicant's entitlement to the matrimonial home.
The court concluded that the respondent was the beneficial owner of the property and awarded the applicant an equalization payment of $100,500, securing it with a charge on the property.
