Law360 Canada ( April 19, 2024, 2:46 PM EDT) -- Appeal by Luigi from conclusion of application judge that he intended to gift Paula, his former daughter-in-law, her interest in the property located at 415 Lisgar Street (415 property). Luigi sought a declaration that he was beneficial owner of a 50 per cent interest in 415 and an order vesting title of Paula's interest in him. Paula and Luigi's son, Albert, were registered on the title of the 415 property. Luigi was not. Luigi advanced half the purchase money for the property, paid half of its expenses, and received half of its incomes. Paula and Albert separated. Luigi brought an application seeking a declaration that Paula held legal title to the 415 property in trust for him as a beneficial co-owner with Albert and claimed a purchase money resulting trust in 415. Paula asserted a 50 per cent interest in the 415 property. The application judge rejected Luigi’s claim, concluding that Luigi intended to gift Paula her interest in the property. She found that Luigi must have advanced the funds with the intention of making a gift to Paula, and that Luigi's sole purpose was to avoid the operation of the Planning Act. Luigi argued that in rejecting his assertion of a purchase money resulting trust, the application judge made multiple errors of fact and law....