MacDonald v. Brufatto

MacDonald v. Brufatto

The counterclaim is dismissed because the defendant failed to prove an express or implied contractual promise or unjust enrichment with sufficient evidence and certainty; the expenses alleged were ordinary household expenses between cohabiting partners and did not establish legal liability.

Citation
2019 NSSM 72
Parties
Claimant/defendant by Counterclaim: Scott MacDonald; Defendant/claimant by Counterclaim: Judy Brufatto
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
5 July 2019
Procedural Posture
Small Claims Court Claim and Counterclaim / Final Decision and Order
Outcome
Defendant's counterclaim dismissed; interim order dealing with return of claimant's personal property and vehicle/camper remains in effect; no costs awarded to either party.
Legal Topics
Cohabitation, Division of Personal Property, Counterclaim for Household Expenses, Interim Order, Costs
Source Language
English
Family Law Property Law Contract Law Equity/unjust Enrichment Cohabitation Division of Personal Property Counterclaim for Household Expenses Interim Order +1 more

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Parties

Scott MacDonald

Claimant/defendant by Counterclaim

Judy Brufatto

Defendant/claimant by Counterclaim

Procedural Posture

Small Claims Court Claim and Counterclaim / Final Decision and Order

Legal Issues

  1. 1 Whether the defendant proved a contractual obligation by the claimant to reimburse household expenses or lost alimony
  2. 2 Whether the defendant proved unjust enrichment by the claimant
  3. 3 Whether the claimant’s personal property should be returned and on what terms

Ratio Decidendi

The counterclaim is dismissed because the defendant failed to prove an express or implied contractual promise or unjust enrichment with sufficient evidence and certainty; the expenses alleged were ordinary household expenses between cohabiting partners and did not establish legal liability.

Court Disposition

Defendant's counterclaim dismissed; interim order dealing with return of claimant's personal property and vehicle/camper remains in effect; no costs awarded to either party.

Orders

  • Defendant's counterclaim dismissed.
  • No award of costs to either party.