Paul Dineen

The applicant sought a declaration of beneficial ownership of a Toronto Island land lease property based on a resulting trust, after his deceased brother, Bruce, held legal title.

The brothers had jointly inherited the rights, but Bruce took legal title for mortgage purposes due to the applicant's credit.

They continued to live together and share expenses.

The Toronto Islands Residential Community Trust Corporation, a respondent, opposed the resulting trust finding due to its impact on the property register's integrity, suggesting a non est factum argument instead.

The court found no evidence for non est factum but determined that the 1996 transfer was for administrative convenience, not a gift, and a resulting trust arose from the common intention to be joint owners.

The court declared the applicant the beneficial owner and ordered register changes.

No costs were awarded.

The applicant sought a vesting order under section 100 of the Courts of Justice Act to extinguish his daughter's joint tenancy interest in a Toronto Islands property so he could add his current wife to the title.

He argued the daughter breached occupancy requirements under the Toronto Islands Residential Community Stewardship Act, 1993.

The court dismissed the application, finding it would not be just to grant a vesting order, as the applicant had gifted the interest to his daughter, was actively preventing her from occupying the property, and was attempting to force a sale she did not want.