Respondent
Petitioner
Facts: Nicole Townsend and Bernard Donohue are registered as joint tenants of a property. Townsend claims 100% beneficial ownership, asserting Donohue was added to the title solely to help her qualify for a mortgage. Donohue agrees, but Kelly Lynn Donohue (Bernard's former spouse) contests, citing a maintenance enforcement program charge against the property due to Bernard's unpaid child and spousal support.
Issue: The primary issue is whether Bernard Donohue holds his interest in the property in trust for Nicole Townsend and if the maintenance enforcement charge against the property should be removed.
Court's Ruling: The court found that Bernard Donohue holds his interest in the property in trust for Nicole Townsend, acknowledging their agreement at the time of mortgage qualification. Consequently, it ruled that the maintenance enforcement charge should be removed as Donohue does not have a beneficial interest in the property.
Amount of Costs/Damages Awarded: Costs were awarded in favor of Nicole Townsend against Kelly Lynn Donohue. The exact amount of costs was not specified but is to be determined based on standard legal scales and the specifics of the case management.
Court
Supreme Court of British ColumbiaCase Number
S222496Practice Area
Real estateAmount
Winner
PetitionerTrial Start Date
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