Background:
Sharon Jayne Hughes and her son, Nathan Emery Lanuk, disputed ownership of a jointly owned residential property in Parksville, British Columbia. After their falling out, Nathan sought a sale and equitable distribution under the Partition of Property Act (PPA), while Sharon sought a declaration of trust, Nathan’s removal from title, and repayment of $88,000 drawn from a joint line of credit.

Legal Arguments/Issues:
Nathan relied on the presumption of indefeasible title under s. 23(2) of the Land Title Act (LTA). Sharon argued Nathan held his interest in trust for her, citing an oral agreement. The court examined contributions, equities, and potential unjust enrichment.

Findings:
The court found Nathan owned 32% of the property’s equity, considering his contributions and liabilities. It rejected Sharon’s claim that he was a mere tenant and rebutted the statutory presumption, ruling Nathan’s equal ownership would result in unjust enrichment.

Disposition:
Nathan was awarded 32% of the property’s fair market value, less $117,287.09 owed on the line of credit. Sharon was ordered to buy out Nathan’s share or sell the property under s. 8 of the PPA.

Costs:
Sharon was ordered to pay Nathan’s legal costs on Scale B as he prevailed. Total costs were not specified.