The appellant appealed a judgment determining that a real estate partnership between the parties was never dissolved and that the respondent was entitled to an accounting.
The trial judge found that the respondent held legal title to the property in trust for the partnership and that the appellant's entitlement to a transfer was subject to an accounting.
The Court of Appeal dismissed the appeal, finding no palpable or overriding error in the trial judge's findings.
The court also rejected the appellant's arguments that the respondent's claim was not properly before the court and that the equitable doctrine of laches applied, noting that the parties remained fiduciaries with an ongoing obligation to account.
