The applicant, Ming Hua Zheng, sought an order for partition and sale of a property titled solely in the respondent Ping Liu's name, claiming a beneficial interest through a resulting trust.
The parties, married in China, purchased the property in Toronto, with Zheng contributing the entire down payment and a share of carrying costs.
Liu did not appear at the hearing despite notice.
The court found that Zheng had a beneficial interest in the property by virtue of a resulting trust due to her monetary contributions.
The court ordered the sale of the property under the Partition Act, finding it advantageous to the parties, and referred the determination of the parties' exact percentage entitlements to the net sale proceeds to a master.
The court declined to add Zheng to the title but noted she could register the judgment.
