Kyle A. MacLean

The plaintiff brought a motion for summary judgment seeking the return of funds she invested in a property purchased with her sister and brother-in-law.

The plaintiff provided the entire purchase price and contributed to renovations, but the property was registered solely in the defendants' names.

The court found that the defendants were unjustly enriched and failed to rebut the presumption of resulting trust.

Summary judgment was granted, ordering the defendants to pay the plaintiff $221,914.11, representing her total investment in the property.

Following dismissal of a motion to transfer a family proceeding from Kitchener to Owen Sound, the court determined the appropriate costs award.

The successful party sought substantial indemnity costs based on an alleged offer to settle and a bill of costs exceeding $9,500.

The court found the offer did not comply with Rule 18(14) of the Family Law Rules because it was unsigned and not open until the hearing commenced.

Applying Rule 24 principles and considering proportionality, the court awarded partial indemnity costs and reduced both fees and disbursements claimed.