The applicant estate trustee sought to recover the estate's interest in a townhouse co-owned by the deceased and the respondent.
The respondent claimed the property by right of survivorship, arguing the joint tenancy was never severed, and brought a cross-application for unjust enrichment regarding beneficiary designations.
The court found that the joint tenancy had been severed by mutual agreement prior to the deceased's death, making them tenants in common.
The respondent's cross-application for unjust enrichment and constructive trust was dismissed, as was the estate's motion for contempt regarding the respondent's delay in signing closing documents.
