The plaintiff mother brought a motion for partial summary judgment to rectify title to farmland registered in her name 'in trust' for her two defendant daughters, claiming the trust designation was a mistake by her lawyer.
The daughters counterclaimed for a constructive trust based on their contributions to the farm.
The court dismissed the motion, finding it procedurally barred because rectification of title under the Land Titles Act must be sought by application, not within an action.
Furthermore, the court held that even if procedurally proper, partial summary judgment was inappropriate due to significant overlapping factual disputes requiring a trial.
