Pereversoff v. Behie

Pereversoff v. Behie

Applying unjust enrichment and constructive trust principles to this common-law relationship, the adjudicator found both parties contributed to acquisition of the appliances, assigned current values to the items, offset defendant's interest by claimant's continuing debt obligations, and ordered a net remedy: defendant to pay $1,600 within 30 days or return the refrigerator, stove, washer, dryer and shop vac in which case claimant must pay defendant $500; claims for the water cleaner and daycare were dismissed as matters for the Family Division.

Citation
2007 NSSM 55
Parties
Claimant: Michael Paul Pereversoff; Defendant: Terena Dawn Behie
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
27 July 2007
Procedural Posture
Small Claims Court / Decision
Outcome
Claim allowed in part and dismissed in part
Legal Topics
Constructive Trust, Unjust Enrichment, Division of Assets Between Common Law Partners, Specific Personal Property, Jurisdictional Limit of Small Claims Court
Source Language
English
Family Law Property Law Equitable Remedies Civil Procedure (small Claims) Constructive Trust Unjust Enrichment Division of Assets Between Common Law Partners Specific Personal Property +1 more

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Parties

Michael Paul Pereversoff

Claimant

Terena Dawn Behie

Defendant

Procedural Posture

Small Claims Court / Decision

Legal Issues

  1. 1 Whether defendant must return specific personal property purchased by claimant or reimburse claimant
  2. 2 How to value used household appliances and account for contributions by common-law partners
  3. 3 Whether Small Claims Court has jurisdiction over claims intertwined with Family Division matters (water cleaner maintenance and daycare)

Ratio Decidendi

Applying unjust enrichment and constructive trust principles to this common-law relationship, the adjudicator found both parties contributed to acquisition of the appliances, assigned current values to the items, offset defendant's interest by claimant's continuing debt obligations, and ordered a net remedy: defendant to pay $1,600 within 30 days or return the refrigerator, stove, washer, dryer and shop vac in which case claimant must pay defendant $500; claims for the water cleaner and daycare were dismissed as matters for the Family Division.

Court Disposition

Claim allowed in part and dismissed in part

Orders

  • Defendant shall pay claimant $1,600.00 within 30 days from the date of the Order for claimant's interest in the refrigerator, stove, washer, dryer and shop vac, or alternatively deliver those items to claimant and claimant shall pay defendant $500.00 at that time
  • No order concerning the vacuum cleaner owned by claimant's employer