This is an appeal from an arbitrator's decision concerning a resulting trust in a common-law relationship.
The applicant (original applicant, respondent on appeal) paid the deposit and all expenses for a jointly held home.
The arbitrator found a resulting trust in his favour, ordering the respondent (original respondent, appellant on appeal) to convey her interest.
The Superior Court found the arbitrator made a palpable and overriding error by misapprehending the relevance of the applicant's will at the time of purchase and misinterpreting the legal effect of joint tenancy as an inter vivos gift.
The court concluded that the applicant intended to gift the property to the respondent at the time of purchase, and the subsequent dissolution of their relationship did not negate this.
The court also rejected the applicant's unjust enrichment claim, as a gift provides a juristic reason for the enrichment.
The appeal was allowed, and the parties were ordered to obtain a joint appraisal, with the applicant having the option to buy out the respondent's half interest or the property being sold and proceeds divided.
