Siblings sought an order under s. 3(1) of the Partition Act for the sale of a jointly owned parcel of land inherited through a family arrangement.
The defendant claimed beneficial ownership of the property through a resulting trust, asserting he had funded the purchase and mortgage payments and that the parents held title in trust for him.
The court rejected the resulting trust claim, finding documentary and testimonial evidence established the property was intended to be held in trust for all six siblings in equal shares.
Expert appraisal evidence demonstrated that a dwelling constructed by the defendant added no value to the property’s highest and best use as future residential development land.
The court ordered sale of the property with proceeds divided equally among the six siblings and dismissed the defendant’s counterclaim.
