Maxwell v. Atwood

Maxwell v. Atwood

The claimant established unjust enrichment because the defendant obtained the benefit of removal of the judgment when the claimant paid the settlement in 2017; the claimant's cause of action arose when she made the payment so the two-year general limitation did not bar recovery; alternatively the deed warranty gives a 20-year remedial basis. Accordingly judgment for $15,000 plus costs is awarded to the claimant.

Citation
2018 NSSM 13
Parties
Claimant: Lisa Maxwell; Defendant: Glendon Ian Atwood
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
7 February 2018
Procedural Posture
Small Claims Court Matter (unjust Enrichment/real Property) / Adjudicator Decision Following Hearing
Outcome
Judgment for the Claimant in the amount of $15,000 plus costs
Legal Topics
Removal of Judgment, Mortgage/encumbrance, Title Warranty in Deed, Limitation Periods, Restitution
Source Language
English
Unjust Enrichment Real Property Contract Law Limitation Law Removal of Judgment Mortgage/encumbrance Title Warranty in Deed Limitation Periods +1 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 3 Authorities cited 4 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Lisa Maxwell

Claimant

Glendon Ian Atwood

Defendant

Procedural Posture

Small Claims Court Matter (unjust Enrichment/real Property) / Adjudicator Decision Following Hearing

Legal Issues

  1. 1 Whether the claimant can recover $15,000 paid to remove a judgment that impeded sale of property
  2. 2 Whether the defendant was unjustly enriched by the removal of the judgment
  3. 3 Whether the claimant's claim is time-barred by limitation statutes

Ratio Decidendi

The claimant established unjust enrichment because the defendant obtained the benefit of removal of the judgment when the claimant paid the settlement in 2017; the claimant's cause of action arose when she made the payment so the two-year general limitation did not bar recovery; alternatively the deed warranty gives a 20-year remedial basis. Accordingly judgment for $15,000 plus costs is awarded to the claimant.

Court Disposition

Judgment for the Claimant in the amount of $15,000 plus costs

Orders

  • Judgment awarded to Claimant in the amount of $15,000
  • Costs awarded: $199.35 filing fee plus cost of service if Claimant provides invoice for service within one week of filing of decision