Andrew Cassels

Following a family property dispute over a Toronto home, the court tried the remaining issues of whether the applicant son held a beneficial interest through constructive trust and whether he was entitled to damages for contributions to the property.

The court found pervasive credibility problems affecting all parties and held the evidentiary record did not permit the factual findings necessary to establish proprietary estoppel or unjust enrichment.

The applicant failed to prove any present promise of an interest in the property, detrimental reliance, unconscionability, or any net benefit conferred once long-term occupancy and unpaid market rent were considered.

The claim for damages also failed, and the net sale proceeds were ordered releasable to the respondents on their joint instructions.

Given the conduct of all parties, no costs were awarded.

The applicant son sought a declaration of beneficial ownership in his mother's residential property based on proprietary estoppel and unjust enrichment, claiming he made financial and physical contributions to the property over decades.

The court found significant credibility issues with all parties.

The court held that the son did not establish the elements of proprietary estoppel, as his evidence regarding his expectation of an interest in the property was inconsistent and any alleged promise was for an inheritance, not a present interest.

The court also dismissed the unjust enrichment claim, finding that the son did not confer a net benefit on his mother, as the value of his rent-free accommodation far exceeded any financial contributions he made.

The application was dismissed with no costs awarded due to the unreasonable conduct of all parties.