The applicants brought an application seeking a declaration of a 25% equitable ownership interest in a property based on an alleged oral agreement.
The respondents denied the agreement.
At the hearing, the parties jointly requested an adjournment to conduct cross-examinations on affidavits.
The court questioned whether the matter should proceed by application given the fundamental factual dispute, but allowed it to continue as an application on consent, noting it is functionally similar to a summary judgment motion and the hearing judge will ultimately determine if the record is sufficient to resolve the dispute.
