Pearson v. Devaux

Pearson v. Devaux

The court found on the balance of probabilities that the parties intended to purchase the Penticton house together, the claimant paid the outstanding line of credit and other sums to complete the purchase, and therefore the respondent holds one-half of the property in trust for the claimant; the respondent failed to...

Source-derived case information.

Citation
2014 BCSC 1523
Parties
Claimant: Richard Alan Pearson; Respondent: Louise Kathleen Devaux
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
12 August 2014
Procedural Posture
Common Law Relationship — Property, Trust, Spousal Support, Assault Allegations / Summary Trial — Judgment
Outcome
Partial award to claimant: respondent holds one-half interest in Penticton property in trust for claimant and must pay one-half the appraised value; respondent's claims for constructive trust over pension and other assets, assault damages and immediate spousal support dismissed or deferred for non-disclosure.
Legal Topics
Resulting Trust, Constructive Trust, Spousal Support, Pension Survivor Benefits, Credibility and Evidence, Disclosure Obligations, Division of Chattels
Source Language
english
Family Law Property Law Trusts and Equity Tort (assault) Procedural Law (disclosure) Resulting Trust Constructive Trust Spousal Support +4 more

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Parties

Richard Alan Pearson

Claimant

Louise Kathleen Devaux

Respondent

Procedural Posture

Common Law Relationship — Property, Trust, Spousal Support, Assault Allegations / Summary Trial — Judgment

Legal Issues

  1. 1 Whether respondent holds one-half interest in Penticton property in trust for claimant
  2. 2 Whether respondent is entitled to constructive trust or share of claimant's RCMP pension or other assets
  3. 3 Whether respondent proved assault by claimant

Ratio Decidendi

The court found on the balance of probabilities that the parties intended to purchase the Penticton house together, the claimant paid the outstanding line of credit and other sums to complete the purchase, and therefore the respondent holds one-half of the property in trust for the claimant; the respondent failed to prove entitlement to any portion of the claimant's pension or other assets by constructive trust because she made no contribution to the pension and suffered no corresponding deprivation; assault allegations were not proven; spousal support was deferred due to respondent's failure to provide full financial disclosure.

Court Disposition

Partial award to claimant: respondent holds one-half interest in Penticton property in trust for claimant and must pay one-half the appraised value; respondent's claims for constructive trust over pension and other assets, assault damages and immediate spousal support dismissed or deferred for non-disclosure.

Orders

  • Respondent to pay claimant one-half of the appraised value of the Penticton property (one-half of $415000 = $207500) within nine months from date of judgment
  • If respondent fails to pay within nine months claimant may list the property for sale with liberty to apply for directions