Following the breakdown of a common law relationship, the parties disputed entitlement to the proceeds of sale of a custom-built home constructed through a shell corporation on jointly used funds and extensive labour.
The court held that the presumption of resulting trust over the parties’ joint RBC and BMO accounts was rebutted, accepted that the applicant had contributed substantial cash and labour, and found that the respondent’s evidence was frequently not credible.
Applying unjust enrichment and joint family venture principles from Kerr, the court concluded that the applicant’s on-site management, labour, and career sacrifice sufficiently offset the respondent’s greater direct monetary contribution.
The respondent’s claims for line of credit interest, occupation rent, and compensation for lost personal property were dismissed.
The trust funds representing the sale proceeds were ordered to be distributed equally.
