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Old 07-14-2009, 11:49 AM
justafool justafool is offline
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Default Ontario Property Rights and Unjust Enrichment

In Sept 06, I consented to allow a female friend of mine who was being evicted from her apt to live in my home. She has been living here with her 20 year old son until presently. I have 2 daughters 13 & 15 which are here every other weekend. She hasn't contributed financially to mortgage or utilities and I had been asking her to leave for 1 1/2 years. We have slept separate and apart for 1 1/2 years. I have been sole owner of the property for 22 years. She helped by doing painting around the house and by cleaning and doing laundry. I believed this was in exchange for free room and board for her and her son. In Feb 09, I gave her and ultimatum to leave and she then filed an application of unjust enrichment against me for her contributions to my home and refused to leave.

On March 13 09 we came to a temporary agreement at court (she filed an urgent motion to allow her to stay) in which she would financially contribute and her son and herself could stay in the interim of us finalizing a separation agreement. She has not done either. She is supposed to be finding other residence. She is now in debt to me for almost $2000. as per the court order and I have given her written notice to leave by Oct 1 09. She refuses to leave or discuss the matter with me. She has told me to direct all inquiries or concerns to the court. She is not employed. During the time she and I cohabitated she did not contribute financially whatsoever other than assisting with the purchase of groceries. Her sources of income where child support from her son's father and a student loan/grant in which she claimed to be a single parent and paying me rent.

Does she have any possessory right which allow her to stay because of her claim?

I believe a judge would determine that any detriment which would be viewed as an enrichment to me that she claims in her contributions of painting and cleaning would be more than balanced by free rent and utilities including cable and internet services provided by me. If any settlement where judged in her favour. I would be sure it would be very modest. I have been studying relevant case laws which lead me to believe a judgment in her favour would be very unlikely. We have separate bank accounts and my insurance and property is held in trust to my ex wife for my daughters. I have never misled her to believe she would ever have an interest in my property by painting and so forth. Essentially I have a squatter in my home. She has been telling me she is leaving since Jan 07 and I have urged her to do so.

What would be the quickest method to have the court order her to vacate my home. Can this be done even if she is using a resulting trust claim to try and hold this up?

What is my best course of action?

I would so much appreciate any help provided.
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