DATE: 20060929

DOCKET: C44425

COURT OF APPEAL FOR ONTARIO

RE:

CARLA SCOTT (Applicant/Respondent in Appeal) - and – LORNA FRANCIS (Respondent/Appellant in Appeal)

BEFORE:

LABROSSE, ROSENBERG AND MACFARLAND JJ.A.

COUNSEL:

Maurice Pilon

for the appellant

Mukesh Bhardwaj

for the respondent

HEARD & ENDORSED:

September 28, 2006

On appeal from the judgment of Justice Rose Boyko of the Superior Court of Justice, dated October 13, 2005.

A P P E A L B O O K E N D O R S E M E N T

[1] There was evidence that it was never indicated by Ms. Scott that she would give Ms. Francis a specific amount.

[2] The finding of the trial judge that there was no oral agreement between the parties that displaced the effect of the title documents and that there was no resulting trust is supported by the evidence.

[3] The appeal is dismissed with costs fixed at $4,000.00, all inclusive.