INTERESTS IN LAND - Equitable interests - Constructive trusts - Resulting trusts

Law360 Canada (November 9, 2022, 6:36 AM EST) -- Application by Sarmadi for an ejectment order against Park, and Trust Action by Park seeking a declaration that Sarmadi owned the Property on a resulting or constructive trust for her and an order that ownership of the Property be transferred to her. The parties were former spouses. They fought for years over ownership and possession of the former family home (Property). Sarmadi was the legal owner of the Property. Park continued to possess and occupy the Property. In response to Sarmadi’s application for judgment in the Ejectment Action, Park said her mother purchased the Property and gifted to her the beneficial interest. Park also asserted Sarmadi acquired the property by fraud. Park’s sister deposed that her mother “paid for all the payments necessary to purchase the Property and costs of maintaining the property” and denied receiving funds from Sarmadi “for funding the Property”. However, Sarmadi said he deposited funds into a joint account belonging to him and Park to reimburse the deposit. There was evidence, including bank statements, that Sarmadi contributed to mortgage payments for the Property for many years starting in January 2010. Park’s sister’s assertion that her mother paid to maintain the Property was not corroborated by any bank statements or other documents....
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