Nieman ats ChechuiPosted December 5, 2017
2017 ONCA 669,  W.D.F.L. 5053, 283 A.C.W.S. (3d) 371, 2017 CarswellOnt 13119; Lerners acted for the appellant, Ian Nieman, who appealed from a trial decision ordering the sale and division of proceeds from a property purchased to accommodate his disabled mother. The appeal was allowed in part. The issues on appeal concerned the respondent’s entitlement to a 50% interest in the property and the appellant’s claim for a credit regarding funds used by him to repay a joint debt incurred by the parties to facilitate the purchase of the property. The Court of Appeal held that while the respondent was entitled to the 50% interest, the appellant was entitled to a $500,000 credit for his repayment of the respondent’s share of the joint line of credit associated with the property.