The applicant sought a partition and sale of a property he purchased with his brother-in-law in 1993 under a trust agreement.
The applicant moved out in 1996 and stopped contributing to the mortgage and expenses, leaving the respondents to carry the property for nearly 20 years.
The court dismissed the application for 50% of the proceeds, applying the equitable doctrines of laches, acquiescence, and waiver, finding it would be fundamentally unfair for the applicant to share in the capital appreciation after standing idly by.
The applicant was awarded only the return of his initial $13,000 down payment upon the future sale or refinancing of the property.
