Citing Case Law

[justafool]

I'm a respondent to a claim of a resulting trust living in Ontario. I was living common law for a couple years with someone. I am finding it difficult to find case laws which reflect my situation in Ontario Case Files but have found several in other provinces which are very close in relevance and situation. Is it acceptable by the Ontario Courts to cite Case Laws from out of province to defend against a claim in a case of unjust enrichment?

I understand that the Ontario Family Act might set different guidelines as far as Definition of Spouse etc. but I mean as far as in a point of Canadian Equity Law and it's parameters which I think would encompass all provinces equally and a case decision in Alberta would have a precedence on an active case in Ontario etc.

Any help would be greatly appreciated.

[SuperK]

I have no idea if its acceptable or not, but I do have a return question, where did you find these case files, or how?

Enjoy a free bump to your question

[Max22258]

You can use out of province but most separation are unique with some similarity. As you will find out the judge will make is own decision based on evidence and not necessarily case law. I had found that this is a lenghty and extremely expensive process and depending of the amount sometimes it is better to buy the peace. Couple of years do not explain much, I have to assume that this is more then 3 years, and I do not know your situation.

CanLII - Ontario

[justafool]

No it was a relationship of less than 2 years in which I paid all the household costs. Mortgage utilities etc except for some food which was purchased by her.. I plan to represent myself and will put in any time needed accordingly. and yes S K the case laws are on canlii.org

[Max22258]

I hope you realized to be considered common law in Ontario you must live 3 years together

[justafool]

and thank you Max. It's just my interpretation from reviewing numerous similar case laws that presidence in law would obligate a judge to rule in my favour. While the Ontario case laws are very useful and the Ontario Court of Appeals clearly sets down the parameters in Campbell v. Campbell, 1999 CanLII 2294 (ON C.A.) — 1999-04-09 for discerning judgements in cases of resulting trusts. There are caselaws in other provinces and some from Appellant Courts which really do mirror the details in my situation remarkably. I know a judge in Ontario is not bound by other provinces decisions. I would think however that they would have some kind of an impact on his decision in the interest of uniformity of a law that is not bound by provincial statute.

Would I be correct in thinking that?

[justafool]

I know that 3 years is the required time for common law in Ontario but apparantly I've learned that the laws of equity as applied to Canadian/Ontario Law do not require that a couple be together for 3 years. I've also learned that laws of resulting and constructive trust apply equally to married couples, common law couples, or anyone who might be deemed to be in a position of "trust" regardless of their relationship. I would also add that we have no common children

[Max22258]

Is the house in both your name, was it your before hand and did she pay for renovation or any amelioration. I assume she pay rent and there is no contractual obligation.


I believe your case is provincial thus applicable to Ontario.

[Max22258]

Property Settlement and Division of Assets for Commonlaw Couples in Ontario - By Toronto Divorce Lawyers

http://www.attorneygeneral.jus.gov.o...h/justice-ont/

Have fun with those link.

I do believe that this is not applicable to you as you are not common law or married

[justafool]

Thanks Max I will check out the links. She did not pay rent. She only contributed by the way of food and keeping the house tidy. There was an amelioration by the way of painting that she did. This was not at my request. It was my understanding that it her way of giving back because her and her son (20) where living in my home for free and I allowed her to paint on the basis of my understanding. I paid for the paint. I believe now that she was already aware of the law in regard to constructive trust and did so to provide a direct link to my home. More or less setting me up for her pending claim. She was a friend at the time who was homeless that I allowed to move in with me and the house is solely in my name and I had owned it for 20 years prior

Thanks for your assistance