Gallagher v. Ferguson

Gallagher v. Ferguson

The cohabitation agreement created an entitlement to a share of the three specified items; applying a 40% depreciation to the combined value yielded a depreciated value of $1,200 and the claimant is entitled to 50% thereof ($600); the claimant failed to prove other enforceable promises or identify other recoverable property; the defendant's counterclaim for door repair was dismissed because damages between the parties offset and viable mitigation was available.

Citation
2008 NSSM 27
Parties
Claimant; Defendant by Counterclaim: Robyn Lee Gallagher; Defendant; Claimant by Counterclaim: Paula Suzanne Ferguson (Chislett)
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
9 June 2008
Procedural Posture
Small Claims Court / Decision After Hearing
Outcome
Claimant succeeds in part; Counterclaim dismissed
Legal Topics
Cohabitation Agreement, Division of Shared Property, Depreciation, Return of Personal Property, Damages, Mitigation, Adjournment
Source Language
English
Family Law Contract Property Tort Cohabitation Agreement Division of Shared Property Depreciation Return of Personal Property +3 more

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Parties

Robyn Lee Gallagher

Claimant; Defendant by Counterclaim

Paula Suzanne Ferguson (Chislett)

Defendant; Claimant by Counterclaim

Procedural Posture

Small Claims Court / Decision After Hearing

Legal Issues

  1. 1 Whether the cohabitation agreement created enforceable rights to specified shared property
  2. 2 Quantum of claimant's entitlement to shared items and appropriate depreciation
  3. 3 Whether other personal property must be returned and whether claimant can identify it

Ratio Decidendi

The cohabitation agreement created an entitlement to a share of the three specified items; applying a 40% depreciation to the combined value yielded a depreciated value of $1,200 and the claimant is entitled to 50% thereof ($600); the claimant failed to prove other enforceable promises or identify other recoverable property; the defendant's counterclaim for door repair was dismissed because damages between the parties offset and viable mitigation was available.

Court Disposition

Claimant succeeds in part; Counterclaim dismissed

Orders

  • Defendant to pay Claimant $600.00 for Claimant's share of the value of shared property.
  • Defendant to return to the Claimant the following items by consent: filing cabinet; end table; piece of plexiglass measuring about 54\" X 54\"; two loose pieces of granite.