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Application to strike parts of an amended notice of civil claim allowed in part. The court kept limited allegations relevant to will variation, but struck several unrelated and prejudicial allegations.
A brother misused mortgage proceeds from jointly beneficially owned properties to buy his own home. The court imposed a 45% constructive trust, awarded occupational rent, and dismissed punitive damages.
The court found fabricated agreements, awarded Sandhu $125,000 plus 10% interest, imposed a constructive trust, and held enforcement of the agreements unconscionable.
The court dismissed a summary judgment application in an unjust enrichment claim, finding triable issues about use of alleged misappropriated funds and discovery compliance.
The court held that three related Vancouver and New Westminster actions should be tried together or consecutively because they share a common factual core in the Ravine Lands transactions.
Claimant established on a balance of probabilities that her expenditures on cabinets, kitchen appliances, flooring and cash contributions reasonably enriched the defendant totaling about $14,000; defendant's ex post invoices were unreliable; claimant derived substantial benefit from living in the house which offsets much of the claim but a post‑separation boarding benefit for horses of $4,800 remains an offset; net award of $9,200 to claimant is fair and reasonable, with no costs or prejudgment interest awarded.
Source excerpt
The Court held the appeal dismissed: Brenda Reid was unjustly enriched by the premature acquisition of the apartment Kathleen built; Kathleen suffered a corresponding deprivation and there was no juristic reason to deny recovery given the parties’ reasonable expectations that Kathleen would live rent-free until death or incapacity; monetary relief approximating the value of the lost life-tenancy (replacement accommodation for five years, $64,200) was appropriate in lieu of a constructive trust; punitive damages of $10,000 were justified by Brenda’s egregious mid-winter eviction conduct.
Source excerpt
The court struck a constructive trust claim over mistaken railway payments, holding there was no pleaded proprietary nexus and no basis to say monetary relief was inadequate.
The Court of Appeal allowed the unjust enrichment appeal, holding Metso received an account receivable and title to undelivered parts, with a constructive trust as the remedy.
The court struck unjust enrichment, constructive trust, quantum meruit and quantum valebat claims against a non-contracting landlord and cancelled the CPL.
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