Sidhu v. Bilin
Lakhwinder Kaur Sidhu
Tarsem Singh Bilin
Law Firm / Organization
Gautam & Associates
Lawyer(s)

Deepak Gautam

Hardip Singh Sidhu
Law Firm / Organization
Unrepresented
Hardip Auto Repair & Sales Ltd.
Law Firm / Organization
Unrepresented
Santosh Singh Sidhu
Law Firm / Organization
Unrepresented

Background: This appeal involved Lakhwinder Kaur Sidhu (Appellant) and Tarsem Singh Bilin (Respondent), with other respondents including Hardip Singh Sidhu and Hardip Auto Repair & Sales Ltd. The case concerned the equitable ownership of Lakhwinder Kaur Sidhu’s home, purchased using funds borrowed by Hardip Singh Sidhu from Tarsem Singh Bilin, which were not repaid.

Key Legal Arguments/Issues:

  • Resulting Trust: The trial judge held that Lakhwinder Kaur Sidhu held a percentage of the home’s equity on a resulting trust for Hardip Singh Sidhu. Mrs. Sidhu argued the trial judge erred by not inferring abandonment of the resulting trust claim.
  • Equitable Ownership: Mrs. Sidhu contended the judge erred in declaring Mr. Sidhu’s interest as a percentage of the home’s equity instead of the dollar amount of his contribution.
  • Amendment of Pleadings: The trial included discussions on amendments to introduce the claim that Mrs. Sidhu held Mr. Sidhu’s contribution on a resulting trust.

Findings: The appeal was dismissed. The judge had no reason to infer abandonment of the resulting trust claim and correctly declared a resulting trust with Mr. Sidhu having 38% equity in the home.

Costs/Award: The court awarded $372,000 plus interest against Hardip Singh Sidhu and costs to Tarsem Singh Bilin.

Court of Appeals for British Columbia
CA48234
Real estate
$ 372,000
Respondent