The parties separated after living together for 17 years.
The applicant advanced a constructive trust and unjust enrichment claim regarding a 100-acre property owned by the respondent, which she was in the process of selling.
The applicant brought a motion under Rule 45.01 requesting that 50% of the net proceeds of the sale be held in trust.
The court found the balance of convenience favoured granting an order, but instead of holding funds in trust, ordered the respondent not to encumber her newly purchased property or dissipate the net proceeds of the sale.