The appellant, an auto mechanic, appealed a trial judgment dismissing his claims to a beneficial interest in a property through express trust, resulting trust, purchase money resulting trust, or constructive trust.
The property had been purchased by one respondent and titled in another respondent's name while the appellant lived there under an oral arrangement.
The Court of Appeal found no basis to interfere with the trial judge's fact-finding, holding that the appellant was merely inviting the court to reweigh evidence.
The appeal was dismissed on the merits but the cost awards below were reduced by 20% because the trial judge had erroneously found the respondents completely successful, overlooking that their counterclaim had been dismissed.
