The appellant appealed from a trial judge's order declaring that the respondent Mikhail Malkov was the sole beneficial owner of a property in Thornhill and requiring the appellant and her former husband to transfer all their right, title and interest in the property to Mikhail.
The trial judge had found that the appellant and her former husband held title to the property on a resulting trust in favour of Mikhail.
The sole ground of appeal was that the trial judge conducted the proceedings unfairly by refusing to allow the appellant to call a lawyer as a witness.
The Court of Appeal dismissed the appeal, finding that the trial judge properly exercised her discretion in refusing to allow the reopening of the case.
