Smith v. Croft
Ronald John Coventry Smith
Law Firm / Organization
Porter Ramsay LLP
Lawyer(s)

Mark Koochin

Tracy-Lyn Croft
Law Firm / Organization
Self Represented
Lori-Ann Purvis
Law Firm / Organization
Self Represented

Background:
Ronald John Coventry Smith, the plaintiff, claimed a one-half interest in a condominium titled solely in the name of his late partner, Linda Willis. After her death, Willis’ daughters, Tracy-Lyn Croft and Lori-Ann Purvis (defendants), became owners of the property through joint tenancy.

Legal Issue:
The core issue was whether a resulting trust existed, entitling Smith to a one-half interest in the condominium. Smith argued that he had contributed financially to the purchase of multiple homes with Willis, starting with their first home in 2006. Despite the properties being registered solely in Willis' name, Smith claimed he was a beneficial owner due to his financial contributions.

Court's Findings:
The court accepted Smith’s evidence that his financial contributions to the property were not gifts but investments. It found that a resulting trust arose, as Smith had paid a significant portion of the home’s purchase price. The court rejected the defendants’ arguments that Smith’s claim should fail due to his involvement in concealing his cohabitation with Willis.

Decision:
The court declared that the defendants held a one-half interest in the condominium in trust for Smith. The defendants were ordered to either buy out Smith's interest for $242,500 or sell the property. Smith was also awarded party and party costs.

Supreme Court of British Columbia
S133753
Real estate
$ 242,500
Plaintiff