Lepper v. Henderson

Lepper v. Henderson

Claimant established on a balance of probabilities that her expenditures on cabinets, kitchen appliances, flooring and cash contributions reasonably enriched the defendant totaling about $14,000; defendant's ex post invoices were unreliable; claimant derived substantial benefit from living in the house which offsets...

Source-derived case information.

Citation
2021 NSSM 11
Parties
CLAIMANT: Lindsay Ellen Lepper; DEFENDANT: Duncan Keith Henderson
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
22 April 2021
Procedural Posture
Small Claims Court / Adjudication/decision
Outcome
Claimant awarded monetary compensation in net amount of $9,200; no costs or prejudgment interest awarded.
Legal Topics
Reimbursement for Contributions to Property, Offset for Use and Occupation, Quantification of Enrichment, Post Separation Boarding/maintenance
Source Language
english
Unjust Enrichment Constructive Trust Property Family Law Equity Reimbursement for Contributions to Property Offset for Use and Occupation Quantification of Enrichment +1 more

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Summary, issues, holding and outcome

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Parties

Lindsay Ellen Lepper

CLAIMANT

Duncan Keith Henderson

DEFENDANT

Procedural Posture

Small Claims Court / Adjudication/decision

Legal Issues

  1. 1 Whether claimant is entitled to compensation for money and money's worth expended on the defendant's property
  2. 2 Quantum of reasonable contribution by claimant that enriched the defendant
  3. 3 Whether offsets apply for benefit derived by claimant during cohabitation and for post-separation boarding of horses

Ratio Decidendi

Claimant established on a balance of probabilities that her expenditures on cabinets, kitchen appliances, flooring and cash contributions reasonably enriched the defendant totaling about $14,000; defendant's ex post invoices were unreliable; claimant derived substantial benefit from living in the house which offsets much of the claim but a post‑separation boarding benefit for horses of $4,800 remains an offset; net award of $9,200 to claimant is fair and reasonable, with no costs or prejudgment interest awarded.

Court Disposition

Claimant awarded monetary compensation in net amount of $9,200; no costs or prejudgment interest awarded.

Orders

  • Defendant to pay the claimant the net sum of $9,200.
  • No prejudgment interest or costs awarded to either party.