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.
