The applicant brought a motion for partial summary judgment seeking the sale of a jointly owned property under the Partition Act.
The respondent opposed the sale, arguing he was the sole beneficial owner under a resulting trust because he purchased the property with his inheritance.
The court found that while the resulting trust claim raised a genuine issue for trial, it was statute-barred under the Real Property Limitations Act because more than ten years had passed since the parties separated.
The court ordered the sale of the property, finding it would not be oppressive as the property was at risk of foreclosure and the net proceeds would be held in trust with an initial advance to both parties.
