MacLean v. MacIsaac

MacLean v. MacIsaac

On the evidence and witness testimony the court found a binding verbal agreement that the Claimant's name would be added to the deed in return for his time, labour and expenditures; the Defendant failed to prove her counterclaims (misuse of insurance funds, extortion/abuse); accordingly the Claimant was entitled to relief — either execution of a Warranty Deed adding him as joint owner or a monetary award of $24,999.99 — and the Defendant's defence and counterclaim were dismissed.

Citation
2017 NSSM 78
Parties
Claimant: John Joseph MacLean; Defendant: Anne Hazel MacIsaac
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
14 November 2017
Procedural Posture
Small Claims Court / Adjudication (decision After Hearing)
Outcome
Defendant's Defence and Counterclaim dismissed; Claimant granted judgment and equitable alternative relief
Legal Topics
Enforcement of Verbal Agreement, Ownership/deed Transfer, Quantum Meruit / Restitution, Counterclaim Dismissal, Evidence and Credibility
Source Language
English
Property Law Contract Law Equitable Remedies Civil Procedure Enforcement of Verbal Agreement Ownership/deed Transfer Quantum Meruit / Restitution Counterclaim Dismissal +1 more

Case Brief

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Parties

John Joseph MacLean

Claimant

Anne Hazel MacIsaac

Defendant

Procedural Posture

Small Claims Court / Adjudication (decision After Hearing)

Legal Issues

  1. 1 Whether a verbal agreement existed to add the Claimant's name to the deed in exchange for renovations
  2. 2 Whether the Claimant is entitled to monetary compensation or equitable relief for renovations performed
  3. 3 Whether renovation funds came from the Defendant's brother's insurance proceeds and were misused by the Claimant

Ratio Decidendi

On the evidence and witness testimony the court found a binding verbal agreement that the Claimant's name would be added to the deed in return for his time, labour and expenditures; the Defendant failed to prove her counterclaims (misuse of insurance funds, extortion/abuse); accordingly the Claimant was entitled to relief — either execution of a Warranty Deed adding him as joint owner or a monetary award of $24,999.99 — and the Defendant's defence and counterclaim were dismissed.

Court Disposition

Defendant's Defence and Counterclaim dismissed; Claimant granted judgment and equitable alternative relief

Orders

  • Dismissal of the Defendant's Defence and Counterclaim
  • Judgment in favour of the Claimant: Defendant shall pay $24,999.99 to the Claimant or, alternatively, execute a Warranty Deed adding the Claimant as joint owner of 38 Pleasant St., North Sydney, NS along with the Defendant and Daniel Martin MacLean