Introduction: Robert Henry Brody filed a petition against Cynthia Rose Leonard regarding a property dispute. The petitioner sought declarations that the respondent held her interest in the property in trust for him and sought her removal from the title.

Facts: The property in question was located on Reserve 07397 Penticton No. 1, designated under the Indian Act. Brody acquired a leasehold interest in 2018, and Leonard was added to the title in 2019 during their relationship.

Legal Arguments/Issues:

• Breach of Contract: Brody claimed that Leonard had agreed to make mortgage payments in exchange for being added to the title, but she failed to fulfill this obligation.
• Unjust Enrichment/Constructive Trust: Brody argued that Leonard had been unjustly enriched as she did not contribute to the property despite being on the title.
• Resulting Trust: Brody sought a declaration that Leonard held her interest in trust for him since there was no agreement for her to receive 50% equity.

Judgment: The court found that the agreement was for Leonard to make mortgage payments in exchange for being added to the title. Leonard breached this agreement by making only two payments and accepting reimbursement for those payments. The court ruled that Leonard held no beneficial interest in the property and should be removed from the title, contingent upon the mortgagee's and other parties' consent.

Costs: The costs of the petition were awarded to Robert Henry Brody. The exact amount was not specified in the provided document.