The appellant appealed an order granting his mother, the titled owner, leave to issue a writ of possession requiring him to vacate her home.
The appellant claimed an interest in the home via constructive trust based on oral promises and work he performed, but he had not commenced a counter-application or action.
The Court of Appeal dismissed the appeal, finding that the only issue before the court was the title holder's right to possession, making the appellant's constructive trust evidence irrelevant to the application.