The applicant mother sought the sale and equal division of a co-owned property with her son, the respondent.
The respondent brought a cross-motion seeking a declaration that the applicant's interest was held in trust for him and a transfer of title without consideration, arguing unjust enrichment.
The court dismissed the applicant's request for sale, finding her conduct malicious, oppressive, and vexatious, and that a sale would result in unjust enrichment for her.
The court declared the applicant's 50% interest in the property to be held in constructive trust for the respondent and ordered its transfer to him.
The respondent's claim for damages related to the applicant's refusal to refinance was dismissed due to his delay in seeking relief.