The parties, former romantic partners and co-owners of a rental property, disputed the division of sale proceeds following their separation.
The applicant, who had exclusive possession of the lower unit for four years, sought reimbursement for property expenses.
The respondent claimed occupation rent and compensation for lost rental income due to the applicant's failure to rent out his unit after vacating it.
The court found no partnership existed under the Partnership Act and determined that the applicant was solely responsible for expenses during his occupancy.
The applicant was held liable for half the deficiency in rent for the period he failed to rent the lower unit after vacating it, and was ordered to pay the respondent's costs.