Gough Lewis brought an urgent motion seeking a Certificate of Pending Litigation (CPL) against his mother's home, which his sister, Clarissa Lewis, was selling under a Power of Attorney.
Gough claimed an interest in the property based on constructive trust, unjust enrichment, or quantum meruit, alleging he provided extensive care for his mother, Wendy Lewis, and maintained the property for 16 years, with an understanding that the house would eventually be his.
The court dismissed the motion, finding Gough failed to establish a triable issue for an interest in the property.
The judge found Gough's evidence lacked candour and was vague, particularly regarding his contributions and the property's condition, which was contradicted by Clarissa's evidence and photographs.
The court concluded that damages would be an adequate remedy and that the balance of prejudice weighed heavily against issuing the CPL, as it would prevent the sale necessary to cover Wendy's significant nursing home and property expenses.
The net proceeds of the sale were ordered to be held in trust, with provisions for monthly payments to Wendy for her care.
