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  • Shankar Law Office

Common law and Unjust Enrichment Trust Claim

Here is a recent case that I have been successful in. The motion argument lasted for an hour. The main and only point in the argument related to issuance of either a certificate of pending litigation or to keep aside funds worth 50% as trust from the sale of the old home or even from the new home that the Respondent had purchased. The applicant is claiming almost $500,000 in trust from his contribution over a 16 year relationship. The respondent is only willing to go around $31,000. Which ever way one looks at it, it’s going to be a long fight litigation wise. The challenge in this case is to ensure that the court protects the interest of the applicant while litigation proceeds. The reason this motion was even considered urgent before the case conference was because there is a real danger that the respondent would fritter away the funds in trust which she had used to purchase another property already Through this endorsement after hearing arguments in the motion, the judge has ordered that the money be kept in trust and a certificate of pending litigation be issued against the new property. This is a very complex area of the law: matrimonial property, or common-law property as in this case with a trust claim and a certificate of pending litigation added to the mix. At Shankar Law, we are happy to assist you through such complexities with research, explanation of the law and importantly application of the line through Motion and other arguments. We operate all over Ontario with physical offices in Owen Sound, Port Elgin and Wiarton. But with cases being done virtually, I appear in many Courts across the province. We look forward to working with you. Read case notes here



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