Claridge applied for a vesting order for vacant land held by Desloges, arguing it was the beneficial owner under an express or resulting trust.
Desloges opposed and brought a cross-application for reimbursement of property taxes, insurance, and maintenance costs incurred since 1991.
The Superior Court of Justice found that while the express trust failed because a condition precedent requiring Planning Act approval was not met, a resulting trust arose in favour of Claridge.
The court granted the vesting order, finding the claim was not statute-barred or barred by laches.
Desloges's cross-application was partially granted, awarding $46,304 for maintenance costs, but claims for insurance and taxes were dismissed as unproven.
