Respondent
Petitioner
Facts: Chase Schneider and Matthew Rothschild jointly purchased a property in 2009, both signing the mortgage due to Rothschild's poor credit. Disputes arose regarding the financial contributions and the ownership interest each party held in the property. Rothschild claimed that Schneider co-signed the mortgage and was on the title only temporarily and without a beneficial interest.
Issue: The main issue was whether Schneider had a beneficial interest in the property and was entitled to an undivided half-interest, along with the partition and sale of the property to divide the proceeds between both parties.
Court's Ruling: The court granted Schneider's petition, ruling that he did have a beneficial interest in the property. The court ordered the sale of the property with the proceeds to be equally divided between Schneider and Rothschild. It was found that the oral agreement cited by Rothschild, which claimed Schneider had no beneficial interest, lacked the necessary terms to be enforceable.
Costs/Damages Awarded: Schneider was awarded costs at Scale B, payable by Rothschild. The actual dollar amount of the costs was not specified in the provided text but was determined based on the complexity of the case and the successful outcome for Schneider.
Court
Supreme Court of British ColumbiaCase Number
S-221907Practice Area
Real estateAmount
Winner
PetitionerTrial Start Date
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