Ahmed Dharsi LLP successfully resisted a summary judgment motion that sought to dismiss our client’s claim to an equitable interest in real property. The dispute concerned a residential property purchased in the defendant’s name, where our client, his daughter, alleged a shared ownership arrangement based on an oral agreement and her financial contributions.

Despite the defendant’s attempt to frame the arrangement as a simple landlord-tenant relationship, we demonstrated that genuine issues remained for trial, including whether psychological abuse had forced our client out of the home, and whether the defendant’s actions were intended to extinguish her interest. The court agreed and dismissed the motion in full, ordering the defendant to pay $31,000 in costs.

Significance

This case reinforces the court’s reluctance to shut down equitable property claims without a full trial, especially where family dynamics and power imbalances are at play. It also highlights the strategic importance of resisting summary dismissal where credibility and intention are central to the dispute.