Appeal of a summary judgment motion where the motion judge found that the appellant and respondent had entered into a valid partnership agreement to acquire, renovate, and rent a property in Scarborough.
The respondent contributed to the purchase price and renovation costs but only the appellant's name was on title.
The appellant obtained mortgages exceeding the parties' agreement without the respondent's consent.
The motion judge granted declaratory relief recognizing the respondent's 50 percent interest in the property via resulting trust, issued a permanent injunction against harassment and interference, and ordered a reference to determine damages.
The appellant appealed on grounds of procedural fairness, text message interpretation, and appropriateness of summary judgment.
The Court of Appeal dismissed the appeal, finding no error in the motion judge's reasoning or application of the summary judgment process.
