Background Facts:
Shane Jon Yarmoloy and Laura Anne Lindgren were in a relationship from December 2012 to February 2017. During this period, Lindgren was the sole registered owner of a property at 41 Parsons Road, Mara, British Columbia. In 2014, the Toronto Dominion Bank began foreclosure proceedings. Yarmoloy arranged financing to prevent foreclosure and claimed to have obtained ownership through a transfer from Lindgren. Lawyer Michael Shane Dugas facilitated the transfer and incorporated 1069697 B.C. Ltd. (“697”), which registered a mortgage against the property.

Lindgren alleged that Yarmoloy and Dugas deceived her into transferring the property and that the transfer unjustly enriched Yarmoloy. She claimed Yarmoloy held the property in a resulting trust and accused Dugas of negligence.

Legal Issues:

1. Whether the Limitation Act barred Lindgren’s claims.

2. Whether Yarmoloy or Lindgren held legal and beneficial ownership of the property.

3. Whether fraud, unjust enrichment, or breach of fiduciary duty occurred.

4. Whether the consolidated action affected the limitation period.

Judgment:
The court dismissed Yarmoloy’s application to dismiss Lindgren’s counterclaim, finding that the limitation period did not bar it. The court also dismissed both parties’ summary trial applications regarding ownership, as the evidence was insufficient to make a final determination.

Costs:
There was no award of costs, as neither party succeeded. The court allowed for a potential costs hearing within 30 days.