Prabhjot Badesh

This decision concerns a costs award following a successful application for partition and sale.

The applicant, Sukhminder Sidhu, who was fully successful at trial, sought substantial indemnity costs of approximately $43,000.

The respondents, Parminder and Amandeep Sidhu, who had brought an unsuccessful cross-application for unjust enrichment, did not make any submissions on costs.

The court, exercising its broad discretion under the Courts of Justice Act and Rule 57.01(1) of the Rules of Civil Procedure, found the claimed costs to be reasonable, considering factors such as the complexity of the matter, the conduct of the parties, and the reasonableness of counsel's hourly rate.

The respondents were ordered to pay the full amount jointly and severally.

This case addresses the equitable remedies of unjust enrichment and resulting trust within a multi-generational family living arrangement.

The applicant, Sukhminder Kaur Sidhu, initiated an application for partition and sale of a property.

The respondents, Parminder Sidhu and Amandeep Sidhu (her son and daughter-in-law), filed a cross-application claiming unjust enrichment and a 50% interest in the property based on their financial and in-kind contributions.

Sukhminder also sought a declaration that Amandeep held her 1% interest in the property on a resulting trust for Sukhminder.

The court found no unjust enrichment, concluding that both parties mutually benefited from pooling resources and the joint living situation, and that the contributions were part of an agreed-upon arrangement, thus negating any deprivation to the respondents.

The court further determined that Amandeep held her 1% interest in the property as a resulting trust for Sukhminder, as the transfer was solely to facilitate Sukhminder obtaining a mortgage, and Amandeep provided no adequate consideration for the beneficial interest.