The Court of Appeal for Ontario dismissed both the main appeal and cross-appeal in a dispute over the beneficial ownership and occupation of a house acquired during a brief marriage.
The court upheld the application judge’s finding that Ms. Qu was the 100% beneficial owner of the house by way of resulting trust, rejecting Mr. Zhang’s arguments regarding the presumption of joint tenancy and the sufficiency of evidence.
The court also upheld the award of occupation rent to Ms. Qu and declined to order additional security for potential future repairs, finding no error in the application judge’s approach or findings.
