C.P. v. B.W.

C.P. v. B.W.

Down payment and purchase expenses were a gift from M.H. to B.W. and the rental agreement was a financing device; equity therefore imposes a trust: M.H. holds title on a purchase-money resulting/constructive trust for B.W.; because B.W. and C.P. operated a joint family venture, B.W. holds one-half of his interest in trust for C.P.; M.H.'s claim for unpaid rent largely dismissed except $9,000 owing for Nov 2010–July 2011; B.W. must pay half of C.P.'s legal fees for the eviction defence; costs to C.P. and B.W. from M.H. at Scale B.

Citation
2012 BCSC 651
Parties
Claimant: C.P.; Respondent: B.W.; Respondent: M.H.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
7 May 2012
Procedural Posture
Civil Property and Family Law / Trial and Judgment
Outcome
Claim allowed in part; counterclaim dismissed in part; equitable relief granted
Legal Topics
Constructive Trust, Resulting Trust, Purchase Money Resulting Trust, Unjust Enrichment Elements, Child Support, Spousal Support, Eviction, Remedies
Source Language
English
Trusts Unjust Enrichment Property Law Family Law Residential Tenancy Equitable Remedies Constructive Trust Resulting Trust +6 more

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Parties

C.P.

Claimant

B.W.

Respondent

M.H.

Respondent

Procedural Posture

Civil Property and Family Law / Trial and Judgment

Legal Issues

  1. 1 Was there an agreement as to ownership at the 2002 purchase and what were M.H.'s intentions?
  2. 2 Does M.H. hold the Family Home in trust for B.W. or C.P. or both?
  3. 3 Does B.W. hold his interest in the Family Home in trust for C.P.?

Ratio Decidendi

Down payment and purchase expenses were a gift from M.H. to B.W. and the rental agreement was a financing device; equity therefore imposes a trust: M.H. holds title on a purchase-money resulting/constructive trust for B.W.; because B.W. and C.P. operated a joint family venture, B.W. holds one-half of his interest in trust for C.P.; M.H.'s claim for unpaid rent largely dismissed except $9,000 owing for Nov 2010–July 2011; B.W. must pay half of C.P.'s legal fees for the eviction defence; costs to C.P. and B.W. from M.H. at Scale B.

Court Disposition

Claim allowed in part; counterclaim dismissed in part; equitable relief granted

Orders

  • Declare that M.H. holds the Family Home (81A Avenue, Delta B.C.) on constructive and purchase-money resulting trust for the benefit of B.W.
  • Declare that B.W. holds one-half of his interest in the Family Home in trust for C.P.