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Common Law Issues The law regarding common law relationships is different than in cases of divorce. Discuss the issues that affect unmarried couples here.

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Old 07-14-2009, 12:32 PM
justafool justafool is offline
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Default Ontario Property Rights and Unjust Enrichment

justafool
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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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Old 09-17-2009, 02:32 PM
Lesley21 Lesley21 is offline
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Default in the same situation

I saw your thread and I wanted to reach out to you. I am in a similair situation and I am representing myself in court. My ex common-law is going after evderything. I have been researching case law as well and I have obtained several cases. You can use other Province cases it all depends on the weight the judge puts on them. I have also been educating myself and feeling like a lawyer. I spent 18000 so far and a lawyer has not helped me. One of the reasons I am representing myself is my ex took me to court to make me pay for a lawyer as well. A case that will help you is Belvedere v. brittain. I was wondering if you have done your case conference brief that is what I have to do next.
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Old 09-17-2009, 02:58 PM
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Hi,

I can't comment on the legalities, but I want to let you know that I feel sorry for you and from what you have said, she is entitled to nothing, less than nothing since you have been asking her to leave for a long time and she has continued to live for free off of you. Crazy to think there are people out there like that!

Also, hard to imagine that she would stay in a home that was not hers while a court case to get her to leave is going on, all while she is not paying rent! Her son too is an adult, he has no excuse either. Like mother like son it seems.

A world of law and order leads to this, but she should have been forced to move a long time ago!

Best of luck to you. It sounds like you are almost there, won't that be great to get her out!
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Old 09-17-2009, 03:45 PM
justafool justafool is offline
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Thanks for your thoughts Bill. I have to say that your comments are the general consensus of all people I know who are aware of my situation.

Lesley I am in the process now of working on the brief for my case right now. I feel exactly the same way you do "like a lawyer" from studying this situation. As I stated in an earlier post, Lawyers I met with seemed to have no idea of the actual laws regarding this matter. I am aware of the case of Belvedere v Brittain and thank you. That is a very good one and hits the nail on the head as far as proof of bilateral intention. I'm not aware of your specific situation but if you are interested in case files that would be very similar to mine. I would be happy to give them to you. A lot are out of province but I still hold the opinion that Laws of Equity should be applied equally province to province. If you look at the reflex records on the case files, they very often list out of province decisions.

Of course I'm not a lawyer and do realize my limitations. I just hate the idea of being blackmailed through the legal process by someone who (and is so often the case) is using laws designed to protect victims (and rightfully so) in order to manipulate the justice system to profit unjustly.
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Old 09-17-2009, 03:57 PM
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Lesley if your interested take a look at my thread "citing case law". I have listed what I feel to be very pertenant exerpts from the Supreme Court and Ontario Court of Appeals as far as the judicial parameters for discerning "true" cases of unjust enrichment.

Of course all case law is subject to interpretation
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