Former unmarried partners disputed beneficial ownership of a house and family farm that had been transferred into joint title during their relationship.
The applicant argued the respondent held her registered interest in trust and that title had been transferred only to protect her anticipated financial contributions.
The court applied resulting trust, constructive trust, and unjust enrichment principles following Kerr v. Baranow and Pecore v. Pecore.
It concluded the transfers were not intended as a gift of beneficial ownership and that the respondent held title in trust for the applicant subject to compensation for her financial and labour contributions.
Title was ordered vested in the applicant upon payment of a monetary award reflecting the respondent’s contributions.
