Law360 Canada (September 11, 2023, 9:28 AM EDT) -- Appeal by Pheasant from judge’s order awarding Thompson majority net proceeds of sale of property in Pheasant’s name and awarding Thompson double costs on grounds that judge erred in finding he had no legal claim to the Funds. Thompson and Pheasant contributed to the down payment of the Property they purchased under the name of Pheasant. They obtained a CIBC mortgage on the Property and agreed Pheasant was to be the sole mortgagor. Their relationship broke down and Pheasant moved out. Thompson remained on the Property and continued to pay for the mortgage and property taxes and paid for all insurance and utilities. She maintained and made extensive renovations to the Property. Pheasant stopped making the mortgage payments and kept over $7,000 of the amount. CIBC commenced foreclosure proceedings and was granted conduct of the sale of the Property. The remaining amount after the deduction of the amount outstanding under the mortgage and expenses associated with the sale (“Funds”) were paid into court. Thompson sought a declaration of her beneficial interest in the Property. Pheasant sought a declaration that he and Thompson each had 50 per cent interest in the Funds. Thompson sent Pheasant an offer to settle. Pheasant did not respond to the offer. The judge determined that Pheasant was only entitled to his contribution to the down payment, less the amount he had misappropriated and ordered Thompson to be paid the remainder of the Funds. The judge awarded double costs on the basis that Pheasant had not accepted the offer to settle....