The applicant and her mother signed an agreement of purchase and sale for a property.
The applicant's uncle claimed a one-third interest in the property based on an alleged oral agreement.
The applicant brought an application seeking a declaration that the uncle had no interest, and seeking various orders against her mother regarding the closing of the transaction.
The Superior Court of Justice held that the uncle had no interest in the property, as the alleged oral agreement was not proven and the doctrine of part performance did not apply to overcome the Statute of Frauds.
However, the court dismissed the claims against the mother, finding no legal basis under the Vendors and Purchasers Act to grant the requested relief, which did not relate to title objections.
