Background:

• The case involves the sale of a jointly owned property at 145 & 147 Columbus Avenue, Ottawa.
• Both Claude Bachand and Danielle Leclair held 50% of the property in trust for Marc Agostini.
• Dispute arose over dividing the proceeds after selling the property.
• Consent order resolved Agostini's claim to 50% of the proceeds plus costs from Leclair.
• Main issue: whether Bachand retained a 25% interest or held it in trust for Leclair.

Key Points:

1. Ownership and Purchase:
   • Property bought in 2013; Bachand, Leclair, and Agostini listed as buyers.
   • Agreement between Leclair and Agostini stated equal ownership, with Agostini retaining 50%.
2. Declaration of Trust:
   • March 27, 2013: Declaration signed by Bachand and Leclair recognizing Agostini's 50% beneficial interest.
   • No similar declaration for Leclair's beneficial interest over Bachand's 25%.
3. Financial Contributions:
   • Down payment and expenses paid equally by Leclair and Agostini.
   • Bachand did not contribute financially beyond securing the mortgage.
4. Legal Arguments:
   • Applicant: Bachand should retain 25% interest due to his risk in securing the mortgage.
   • Respondent Leclair: Bachand held his interest in trust for her, citing no financial contribution or intent to retain ownership.

Decision:

• Resulting Trust: Court ruled Bachand held his 25% interest in trust for Leclair due to lack of financial contribution and intent to retain ownership.
• Proceeds Distribution: Leclair entitled to remaining net proceeds after Agostini's share.
• Costs: Parties encouraged to resolve costs; if not, written submissions allowed within 15 days.

Justice Labrosse concluded Bachand's interest was held in trust for Leclair, granting her the remaining net proceeds from the sale.