G. Acosta

The applicant mother sought a 50% trust interest in a family home held solely in the respondent father's name, following their divorce, reconciliation, and subsequent separation.

The home was purchased using significant funds gifted by the maternal grandmother.

The father argued the funds were a gift to him as compensation for reconciling.

The court rejected the father's argument, finding the funds were gifted to the mother.

The court held that the father was unjustly enriched by the mother's financial and non-financial contributions during their joint family venture.

The mother was awarded a 50% constructive trust interest in the home, valued at $487,608, plus $88,000 in costs.

The father's request to extend the limitation period for an equalization claim was dismissed.

The plaintiff and defendant, mother and daughter, were joint registered owners of a residential property.

After their relationship broke down, the plaintiff sought an order for the sale of the property and equal division of proceeds.

The defendant claimed sole beneficial ownership based on resulting trust, arguing the plaintiff was merely a co-signor, or alternatively claimed unjust enrichment for unequal contributions.

The court found the plaintiff was a true joint legal and beneficial owner, having contributed to the down payment and assumed mortgage liability.

The court dismissed the unjust enrichment claim, finding juristic reason for any unequal contributions based on their shared living arrangements and agreements.

The property was ordered sold with proceeds divided equally, subject to specific accounting adjustments for joint debts.