Milé Komlen

The plaintiffs brought a motion to find the defendant, the mother of one of the plaintiffs, in civil contempt of two prior court orders regarding a disputed family home.

The defendant brought a cross-motion for summary judgment to dismiss the plaintiffs' claims of constructive trust, resulting trust, and abuse.

The court dismissed the contempt motion, finding the defendant lacked actual knowledge of the specific terms of the first order due to illiteracy in English and her former counsel's failure to inform her, and declined to exercise its discretion to find contempt on the second order.

The court also dismissed the summary judgment motion, concluding that the intertwined issues of property ownership, alleged gifts, and historical abuse presented genuine issues requiring a trial.

The plaintiffs, who had resided in the property for over 25 years, sought an interlocutory injunction to restrain the defendant property owner from interfering with their use of the home pending the resolution of their constructive trust claim.

The defendant had previously attempted to evict the plaintiffs and breached an interim order by attending the property.

The court applied the three-part test for an injunction and found that the plaintiffs would suffer irreparable harm if evicted and that the balance of convenience favoured preserving the status quo.

The interlocutory injunction was granted.