Per
Curiam:
We
have
concluded
that
the
appeal
should
be
dismissed
because
there
is
no
basis
upon
which
this
Court
should
interfere
with
the
findings
of
the
learned
Trial
Division
judge.
In
our
view
he
correctly
identified
the
legal
criteria
relevant
to
a
resulting
trust.
He
then
made
findings
of
fact
which
supported
the
existence
of
a
resulting
trust
at
the
time
of
the
transfer
of
shares
to
Maureen
Holizki
on
July
1,
1978.
While
that
conclusion
on
the
evidence
was
not
the
only
one
possible,
having
regard
to
the
jurisprudence
of
the
Supreme
Court
such
as
Schwartz
v.
R.
,
we
cannot
say
that
the
trial
judge’s
findings
were
unreasonable
and
therefore
invalid.
The
appeal
should
therefore
be
dismissed
with
costs,
but
having
regard
to
the
lateness
of
the
filing
and
serving
of
the
respondent’s
factum,
the
respondent
should
not
be
entitled
to
the
costs
of
his
factum.
Appeal
dismissed.
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