Plaintiffs: Guenther and Hildegard Doerfler (parents of Ms. Fitzpatrick)
Defendants: John Liam and Petra Fitzpatrick (divorcing couple)
Main Issue:
The Plaintiffs claim beneficial ownership of a condominium registered under the Defendants’ names. They argue the property was held in trust for them, while the Defendants contend it was a gift and part of the matrimonial property subject to division in divorce proceedings.
Background:
In 2013, the Defendants moved to Calgary, and the Plaintiffs agreed to help them purchase a condominium, contributing $100,000 from the sale of their own home.
The Plaintiffs claim an oral agreement that the condo would be held in trust until the mortgage was paid off, they could buy it outright, or they passed away. The Defendants argue the $100,000 was a gift, backed by a letter to that effect.
Legal Proceedings:
The Defendants sought summary dismissal of the Plaintiffs' claim under Rule 7.3, asserting no genuine issue requiring trial.
The Court found that due to conflicting evidence and credibility issues, the matter could not be resolved summarily and required a full trial.
Outcome:
The Defendant’s motion for summary dismissal was denied, and the Plaintiffs were awarded costs. No amount was specified.
