Benoit v. Benoit

Benoit v. Benoit

The court approved and entered the parties' agreed variation of the November 9, 2005 order: Finton Benoit and specified designates are permitted to use the woodlot annually between September 1 and December 31 beginning in 2018; Roland and Melissa Benoit must provide reasonable access, may reasonably direct which areas are accessed, and any protection of property notices issued to the designated persons must be withdrawn in writing and filed with the court prior to entry of the order.

Citation
2018 NSSM 98
Parties
Claimant: Warren M. Benoit; Claimant: Finton B. Benoit; Respondent: Roland P. Benoit
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
22 October 2018
Procedural Posture
Small Claims Court / Decision and Order
Outcome
Order granted: variation of the November 9, 2005 order entered as agreed by the parties
Legal Topics
Right of Entry, Access to Land, Variation of Court Order, Withdrawal of Protection Notices, Use of Agents to Exercise Rights, Specific Performance
Source Language
English
Property Law Contract Enforcement of Court Orders Right of Entry Access to Land Variation of Court Order Withdrawal of Protection Notices Use of Agents to Exercise Rights +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 Party arguments 2
Sign in to unlock

Parties

Warren M. Benoit

Claimant

Finton B. Benoit

Claimant

Roland P. Benoit

Respondent

Procedural Posture

Small Claims Court / Decision and Order

Legal Issues

  1. 1 Whether Roland Benoit failed to comply with paragraph 3 of the November 9, 2005 order
  2. 2 Whether failure to comply reactivated Finton Benoit's right of entry under the August 30, 1997 agreement
  3. 3 Whether the November 9, 2005 order should be varied to permit use of the woodlot by Finton and designated agents

Ratio Decidendi

The court approved and entered the parties' agreed variation of the November 9, 2005 order: Finton Benoit and specified designates are permitted to use the woodlot annually between September 1 and December 31 beginning in 2018; Roland and Melissa Benoit must provide reasonable access, may reasonably direct which areas are accessed, and any protection of property notices issued to the designated persons must be withdrawn in writing and filed with the court prior to entry of the order.

Court Disposition

Order granted: variation of the November 9, 2005 order entered as agreed by the parties

Orders

  • Finton and Irene Benoit are permitted to utilize the woodlot on the farm owned by Roland Benoit and Melissa Benoit for their personal use.
  • Finton Benoit may have a designated agent exercise these rights; designates may include Warren Benoit, Jordan Benoit, Maurice Benoit, Dylan Benoit, Travis Benoit, Justin Benoit, or Fraser Benoit.