Background: Petitioners owned a three-quarter interest over real property at 2625 Shakespeare Street, Victoria, BC. as joint tenants; the respondent owned a one-quarter interest as a tenant in common. The property was purchased in 1999 for $256,000 with petitioners contributing $30,000 upfront. The ownership arrangement was informal and financial contributions were primarily made by petitioners. Petitioners sought a declaration of trust or the right to purchase the respondent's interest under the Partition of Property Act. Respondent sought entitlement to half the property through unjust enrichment.

Legal Arguments/Issues:

• Resulting Trust: Petitioners claimed no gift was intended when the property was purchased; argued the respondent held her interest in trust for them.
• Unjust Enrichment: Respondent claimed she was entitled to half the property based on contributions and lack of support from petitioners' son.
• Limitation Period: Respondent argued the petition was barred by the Limitation Act, claiming the petitioners delayed their claim.
• Laches: Respondent claimed prejudice due to the delay in petitioners asserting their rights.
• Summary Proceedings: Respondent argued the case required a full trial, not summary proceedings.

Held: Court found in favor of the petitioners on the basis of a resulting trust. The respondent's defenses of limitation and laches were rejected. As a result, petitioners awarded declaration of resulting trust over respondent's one-quarter interest.

Costs/Damages Awarded: Total costs awarded to the petitioners amounted to $742,000 for acquisition, maintenance, and preservation of the property.