Citing Case Law

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justafool

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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.
 
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 :D
 
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
 
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
 
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?
 
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
 
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.
 
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
 
Well I am in court for the same reason and we were common law for 8 years and she has no right to the house, she tried the constructive trust but she has no proof. Your case is simpler not even 3 years thus not considered common law and the house you had before hand. If she has no receipt or proof then there is no case. go consult a lawyer. For $200 he will tell about the same thing.
 
I did consult 3 lawyers and just recieved a lot of frustration. The only answers that I received for them where, I don't know, I don't think so and it's up to a judge. They where all willing to take my money but didn't seem to do anything. I came to realize that claims like these are not the usual type of situations that they deal with and they didn't seem to me to have any answers. That is why I decided to study the law in regard and represent myself. My biggest problem is that she won't leave the house and is using this claim to prevent me from doing so. I spoke to police who spoke to their lawyers and called it a "grey area" because of her claim against me. I am actually the one who applied for the case conference in regard to "her claim" to have the judge make a ruling on possession. It's like she is squatting in my home and the law allows her to do so.

What do you mean by proof Max? What kind of proof and of what?

What stage of proceedings are you in Max?
 
You're not going to believe me and think okay what aren't you telling me but she has asked for $50 000 or a 20% interest in the home which is valued at about$200 000 but with god as my witness I have told you what she has done and left nothing out. Again there is a part of me that says this is so ridiculous she must just have set the value of the claim at that much in order to secure possession for as long as possible. Keep in mind her and her son lived rent free and where provided with all utilities including cable and internet solely at my expense and continue to do so. The house is divided and she will not speak to me and she ran from me when I approached her with the application for the case conference but she was served
 
My god, kick her out now, go to a lawyer and get her out of the house right away by court order. Do not wait, i did the same thing and she stayed in the house as I let her run a business and 3 days before she was to move she filed criminal charges against me on the 29 May 2009. I am trying to get my house back which I should get my house back this Friday as the crinal charge did not stick. But she has taken all my furniture and the OPP won't do anything about it so I am waiting to get back in the house and file a motion or claim for the furniture. For the claim on the house she has no proof and in court she was told this was my house. She wanted $16000, which i prefer to give to a lawyer, but had offer $8000. The cost of defending such a claim is very high and $8000 is about what it would cost me according to my lawyer. She needs proof that she invested in the house and that thru renovation, maintenance, pay rent or mortgage that she helped in raising the value of the house. There is so much more but Where do you live. (just the town)
 
I live in Oshawa. That's what she's saying. That she raised the value by the painting she did and I owe her for the maintenance she provided by keeping the house tidy. We went to court and I signed an interim agreement and she agreed to pay occupation rent. She hasn't done this so my lawyer told me a case conference was required before I could apply for a motion to vary the order. That's the situation now and I have the date for the case conference. I am asking for a ruling at the case conference in regard to possession for a subsequent motion.

I'm rooting for you Fri. Good luck. Looks like we both hooked up with a couple dandys
 
I'll stick with mine but thanks for the offer...lol Have you been to a case or settlement conference yet? Given my situation based on what I've told you, do you think a judge would entertain an award in her favour? Do you think doing some painting and keeping the house tidy as well as buying some food would justify an award considering her son and herself lived for free
 
During mine which is not finish, the judge clearly stated that the house was mine, he has not made a decision on the equity yet. She was to move out on the 15 and I expect the return of my house this weekend. My lawyer has said that what I bought was mine and that it was difficult to prove her side as she has made statement that she did not pay rent, maintenance or any of the big bills. I was to have the house evaluated but she called the police on the evaluator. So I have to go with the evaluation for 2005, and the debt accumulated should bring the equity down. But I did offer $8000 and will not deter from that amount. I have deduction to this amount as she has dammaged the house, taken furniture, and has not pay for running her business in the last year. So in other word I do not think she will get anymore then $4000. The law is strange there is guideline which are not follow by the judge.
 
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