Covey v. McNutt

Covey v. McNutt

The court found the transfer documents were validly executed and registered, rejected the respondent's credibility and misrepresentation allegations, concluded there was donative intent defeating any presumption of resulting trust, found no unjust enrichment, declared legal title in Norma and Derek Barker and beneficial title in Michael Covey, dismissed the respondent's claims, ordered the respondent to vacate and awarded costs to the applicant and the Barkers.

Citation
2020 NSSC 270
Parties
Applicant / Beneficial Owner (per Trust Agreement): Michael Covey; Respondent / Occupier: Holly McNutt; Registered Owner / Respondent to Claim: Norma Barker; Registered Owner / Respondent to Claim: Derek Barker
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
6 October 2020
Procedural Posture
Property Dispute Application in Court (possession, Declaration of Ownership, Equitable Claims) / Decision (final Judgment)
Outcome
Application allowed in part; respondent's claims dismissed; declaration of legal and equitable ownership in favour of Barkers (legal) and Covey (beneficial); respondent ordered to vacate; costs awarded to applicant and Barkers.
Legal Topics
Resulting Trust, Constructive Trust, Misrepresentation, Unjust Enrichment, Occupation Rent, Conversion, Possession and Eviction, Costs
Source Language
English
Property Law Trusts and Equitable Remedies Unjust Enrichment Real Property Civil Procedure Family/personal Relations (incidental) Resulting Trust Constructive Trust +5 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 16 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Michael Covey

Applicant / Beneficial Owner (per Trust Agreement)

Holly McNutt

Respondent / Occupier

Norma Barker

Registered Owner / Respondent to Claim

Derek Barker

Registered Owner / Respondent to Claim

Procedural Posture

Property Dispute Application in Court (possession, Declaration of Ownership, Equitable Claims) / Decision (final Judgment)

Legal Issues

  1. 1 Who is the legal and beneficial owner of 3234 Micmac Street?
  2. 2 Whether the transfer was invalid under Registry Act or Land Registration Act
  3. 3 Whether the transfer is voidable for fraudulent or negligent misrepresentation

Ratio Decidendi

The court found the transfer documents were validly executed and registered, rejected the respondent's credibility and misrepresentation allegations, concluded there was donative intent defeating any presumption of resulting trust, found no unjust enrichment, declared legal title in Norma and Derek Barker and beneficial title in Michael Covey, dismissed the respondent's claims, ordered the respondent to vacate and awarded costs to the applicant and the Barkers.

Court Disposition

Application allowed in part; respondent's claims dismissed; declaration of legal and equitable ownership in favour of Barkers (legal) and Covey (beneficial); respondent ordered to vacate; costs awarded to applicant and Barkers.

Orders

  • Declare that the legal owners of the Property are Derek and Norma Barker and that the beneficial owner under the Trust Agreement is Michael Covey.
  • Require Holly McNutt to vacate the Property and remove all her belongings on or before October 31, 2020 or such other date as agreed to by the Barkers and Mr. Covey.