SUPREME COURT OF NOVA SCOTIA
Citation: Mattinson v. Fanning, 2011 NSSC 334
Date: 20110729
Docket: Hfx No. 348164
Registry: Halifax
Between:
Pauline Anne Mattinson
Applicant
v.
Andrew James Fanning
Respondent
LIBRARY HEADING
Judge: The Honourable Justice C. Richard Coughlan
Heard: July 27, 2011 (in Chambers), in Halifax, Nova Scotia
Decision: July 29, 2011 (Orally)
Written Release
of Decision: September 6, 2011
Subject: Trusts - Whether Real Property held on a Constructive or Resulting Trust
Summary: Applicant conveyed real property to Respondent so that mortgage financing could be obtained. Applicant applies for an order the property is held on a resulting or constructive trust.
Applicant seeks an order declaring she is the beneficial owner of the real property and a conveyance of the legal title.
Issue: Does the respondent hold the property on a resulting or constructive trust?
Result: Respondent holds the real property on a resulting trust for the applicant. In the alternative, the respondent holds the real property on a constructive trust.
Application granted.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.