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
1There was evidence that it was never indicated by Ms. Scott that she would give Ms. Francis a specific amount.
2The 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.
3The appeal is dismissed with costs fixed at $4,000.00, all inclusive.