Lynk v Bennett Estate

Lynk v Bennett Estate

Applicant proved unjust enrichment: Estate obtained sole title to the Back Parcel and retained vehicle sale proceeds while applicant suffered corresponding deprivation; Estate failed to establish any juristic reason; the link between contributions and the Back Parcel justified a proprietary remedy; a 50%...

Source-derived case information.

Citation
2024 NSSC 66
Parties
Applicant: Marchell Lynk; Respondent Personal Representative of the Estate of John Grayden Bennett: Peggy Bennett; Respondent in Personal Capacity: Peggy Bennett; Respondent: Ron Bennett
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
6 March 2024
Procedural Posture
Probate / Unjust Enrichment Claim Under the Probate Act (s.48(1) Regulations) / Final Judgment (decision on Merits)
Outcome
Judgment for Applicant: constructive trust granted (50% interest in Back Parcel); monetary awards granted in favour of Applicant; other claims denied
Legal Topics
Constructive Trust, Restitution, Joint Family Venture, Survivorship, Proprietary Remedy Vs Monetary Remedy, Vehicle Sale Proceeds, Repair Reimbursement
Source Language
english
Estate Law Probate Trusts Unjust Enrichment Property Law Remedies Constructive Trust Restitution +5 more

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Parties

Marchell Lynk

Applicant

Peggy Bennett

Respondent Personal Representative of the Estate of John Grayden Bennett

Peggy Bennett

Respondent in Personal Capacity

Ron Bennett

Respondent

Procedural Posture

Probate / Unjust Enrichment Claim Under the Probate Act (s.48(1) Regulations) / Final Judgment (decision on Merits)

Legal Issues

  1. 1 Whether the Estate was enriched and applicant correspondingly deprived
  2. 2 Whether there is a juristic reason for the enrichment
  3. 3 Whether claimant is entitled to proprietary relief (constructive trust) or a monetary award

Ratio Decidendi

Applicant proved unjust enrichment: Estate obtained sole title to the Back Parcel and retained vehicle sale proceeds while applicant suffered corresponding deprivation; Estate failed to establish any juristic reason; the link between contributions and the Back Parcel justified a proprietary remedy; a 50% constructive trust in the Back Parcel is ordered and monetary relief awarded for vehicle proceeds and repairs totaling $2,510.42.

Court Disposition

Judgment for Applicant: constructive trust granted (50% interest in Back Parcel); monetary awards granted in favour of Applicant; other claims denied

Orders

  • Applicant is granted a 50% interest in the Back Parcel (PID 55001820) by way of a constructive trust
  • Estate to pay Applicant $1,500.00, representing half of the proceeds from the sale of the Jeep Wrangler