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Court declares 61.87% Purchase Money Resulting Trust for incapable sibling and orders property sold.
Three related applications were brought concerning the beneficial ownership of a residential property.
The Public Guardian and Trustee, acting for an incapable sibling, sought a declaration of a Purchase Money Resulting Trust (PMRT) based on her contributions to the down payment and mortgage.
The court found that the incapable sibling contributed 61.87% of the purchase price and lacked capacity to gift or loan the funds, establishing a PMRT.
The court ordered the property vested in her name and sold, with the remaining siblings retaining minority interests.
One sibling was ordered to disgorge profits from an unauthorized mortgage refinancing, while claims for occupation rent and a car loan were dismissed.
Ex parte order set aside due to failure to make full and fair disclosure of material facts.
The moving party sought to set aside or vary an ex parte order that required her to file an application for a certificate of appointment of estate trustee or be deemed to have renounced.
The court found that the responding party failed to make full and fair disclosure of material facts on the ex parte motion, specifically omitting that the moving party's counsel had responded and sought production of the drafting lawyer's file.
The ex parte order was set aside under Rule 39.01(6).
However, the court declined to grant the moving party's requested variation to compel production of the file, finding it overly broad for a motion to vary.
Costs of $2,000 were awarded to the moving party.
