Family members disputed entitlement to proceeds from a winning “CHEO Dream of a Lifetime Lottery” ticket and the ownership of jointly held real property.
The applicants alleged an agreement to equally share any lottery winnings or, alternatively, that the respondent made a valid gift of equal shares to his parents.
The respondent denied the existence of any enforceable agreement or completed gift and argued the applicants had no legal or equitable entitlement to the proceeds held in court.
The court found that material facts and credibility issues were in dispute and directed that the application proceed as an action with pleadings, discovery, and mediation.
Separately, the court granted partition and sale of jointly owned property under the Partition Act, finding no evidence that the applicant’s request for sale was vexatious, malicious, or oppressive.
