The case Alsous v. Hadweh et al, 2024 ONSC 5037 involves a property dispute over the ownership of a property at 227 Rymal Road, Hamilton, Ontario, stemming from the sale of another property, Upper Sherman. Here are the key points from the judgment:

• Plaintiff's Claim: Rana Alsous, the plaintiff, claimed a beneficial interest in Rymal Road, arguing that she provided $200,000 as a down payment from the sale of her property, Upper Sherman. She sought either a resulting trust or a constructive trust in her favor.

• Defendants' Position: Bishara and Duaa Hadweh, the defendants, argued that Upper Sherman was purchased with funds from their father, Ibrahim Shaheen, and held in trust for him. They claimed Rymal Road was purchased using proceeds from Upper Sherman under Ibrahim’s direction.

• Factual Findings:

  • Upper Sherman was purchased in 2006, and its sale proceeds were used to purchase Rymal Road in 2015.
  • The court found that Ibrahim provided the funds to purchase Upper Sherman, and it was held in trust for him, not Rana.
  • The court rejected Rana's claim that the $200,000 down payment for Rymal Road was her personal money.

• Resulting Trust: The court held that Rana failed to rebut the presumption of a resulting trust, and found that Rymal Road was held in trust for Ibrahim by the defendants, with no beneficial interest for Rana.

• Conclusion: Rana's claims were dismissed, and the proceeds from the sale of Rymal Road were directed to Ibrahim's estate. Total monetary award was not specified.