Three related applications were brought concerning the beneficial ownership of a residential property.
The Public Guardian and Trustee, acting for an incapable sibling, sought a declaration of a Purchase Money Resulting Trust (PMRT) based on her contributions to the down payment and mortgage.
The court found that the incapable sibling contributed 61.87% of the purchase price and lacked capacity to gift or loan the funds, establishing a PMRT.
The court ordered the property vested in her name and sold, with the remaining siblings retaining minority interests.
One sibling was ordered to disgorge profits from an unauthorized mortgage refinancing, while claims for occupation rent and a car loan were dismissed.
