Background:

• The plaintiffs (Paracha family) sued the defendants (Ali, Batool, and Naqi Construction Ltd.) over financial investments in four real estate properties in Ajax, Ontario. These properties include Coomer Crescent, McSweeney Crescent, Sykes Street, and CedarOaks Drive.
• The plaintiffs advanced at least $363,000 to the defendants, claiming it was for ownership interests in the properties. The defendants argued the funds were loans.
• The trial judge ruled in favor of the plaintiffs, finding no loans existed but rather investment contributions.

Key Findings:

1. Coomer Property:

   • The Parachas held full beneficial ownership.
   • The trial judge dismissed the defendants’ claim for compensation related to renovations, finding the work substandard and the counterclaim unsubstantiated.

2. McSweeney Property:

   • The property, although in Batool’s name, was deemed fully funded by the Parachas. The doctrine of resulting trust was applied, awarding proceeds from the sale to the plaintiffs.

3. Sykes Property:

   • Ownership was apportioned: 52% to the Parachas, 25% to Zain, and 23% to the defendants.
   • No rent was awarded to the defendants due to insufficient evidence.

4. CedarOaks Property:

   • The trial judge upheld an oral agreement indicating shared ownership between the Parachas and the defendants as tenants in common.
   • Despite renovations by the defendants, it did not alter the agreed ownership structure.

Appeal Decision:

• The Court of Appeal dismissed the appeal, affirming the trial judge’s factual findings.
• It rejected the defendants' late argument based on the Statute of Frauds, noting the evidence supported an implied trust.
• The court upheld the dismissal of the defendants' request for leave to appeal the costs award, which was filed late.

Outcome:

• Appeal dismissed with costs of $25,000 awarded to the respondents.