R. (L.) v. L.(M.)

R. (L.) v. L.(M.)

Court found parties intended the property to be acquired for their joint benefit and applied the value-survived approach, adjusting for defendant's unilateral conduct that precipitated a premature sale and costs; net gain attributable to the joint venture was calculated and divided equally, awarding the plaintiff $25,000 plus Court order interest.

Citation
2001 BCSC 611
Parties
Plaintiff: L.R.; Defendant: M.L.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
24 April 2001
Procedural Posture
Civil Property Dispute Concerning Constructive Trust and Unjust Enrichment / Trial Reasons for Judgment
Outcome
Declaration denied as framed; monetary remedy awarded on unjust enrichment/constructive trust principles
Legal Topics
Constructive Trust, Value Survived Approach, Quantum Meruit, Remedies, Property Division, Credibility of Witnesses
Source Language
English
Property Law Trusts and Equitable Remedies Unjust Enrichment Real Property Equity Constructive Trust Value Survived Approach Quantum Meruit +3 more

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Parties

L.R.

Plaintiff

M.L.

Defendant

Procedural Posture

Civil Property Dispute Concerning Constructive Trust and Unjust Enrichment / Trial Reasons for Judgment

Legal Issues

  1. 1 Whether defendant holds an interest in the property on a constructive trust for the plaintiff
  2. 2 Whether funds from sale of property are held on constructive trust for the plaintiff
  3. 3 Appropriate method to quantify plaintiff's entitlement (value-survived v. value-received/quantum meruit)

Ratio Decidendi

Court found parties intended the property to be acquired for their joint benefit and applied the value-survived approach, adjusting for defendant's unilateral conduct that precipitated a premature sale and costs; net gain attributable to the joint venture was calculated and divided equally, awarding the plaintiff $25,000 plus Court order interest.

Court Disposition

Declaration denied as framed; monetary remedy awarded on unjust enrichment/constructive trust principles

Orders

  • Plaintiff awarded $25000 plus Court Order Interest on that amount
  • Costs reserved to the parties; parties to attempt to agree and, failing that, to approach the Registry for dates to speak to costs