The applicant sought a declaration that his deceased mother was merely a legal title holder of a condominium and an order vesting title solely in his name.
The mother had been placed on title to assist the applicant in qualifying for a mortgage, and title was registered as tenants in common.
The court found the applicant's evidence regarding their intention to hold the property in joint tenancy to be self-serving and insufficient to rebut the registered title.
Noting that the mortgage remained in place, the court declined to grant the requested relief without evidence of the mortgagee's position, as a vesting order could adversely impact its secured interest.
The application was adjourned to allow the applicant to file further evidence, including consent from the mortgagee.
