Lisa Belcourt

The plaintiffs brought a motion for a Certificate of Pending Litigation (CPL) and an interim injunction regarding a family cottage property.

The parties, who are siblings, disputed ownership and use of the property after the defendant changed the locks and excluded the plaintiffs.

The court found a triable issue regarding the plaintiffs' claim for a constructive or resulting trust based on their financial contributions and historical use.

The court granted the CPL and an interim injunction preserving the status quo, allowing both families exclusive use of separate cottages on the property pending the resolution of the action.

The applicant brought an application to enforce a farm buyout agreement entered into with his late mother.

The respondent, acting as the estate trustee, refused to transfer the farm, alleging that the applicant had not made the required payments, that the receipts were fraudulent, and that the applicant had breached the agreement by altering the farm operations.

The court found that the respondent failed to prove the fraud allegations and that the applicant had provided sufficient corroborating evidence of payment.

The court ordered the applicant to pay the remaining $4,500 balance and directed the respondent to transfer the farm property to the applicant.