The applicant mother and her deceased daughter purchased a property as joint tenants in 1994.
The daughter lived in the property with her husband (the respondent) and children until her death in 2019.
Following the daughter's death, the mother claimed sole beneficial ownership by right of survivorship and sought occupation rent.
The respondent husband claimed the estate was the sole beneficial owner or, alternatively, a 50% owner as a tenant in common under s. 26(1) of the Family Law Act.
The court found that both the mother and daughter contributed to the purchase and neither established a resulting or constructive trust.
Because the property was a matrimonial home, the joint tenancy was deemed severed immediately before the daughter's death under s. 26(1) of the Family Law Act.
The property is held by the mother and the estate as tenants in common, each with a 50% interest.
Claims for unjust enrichment and occupation rent were dismissed.
