IN THE SUPREME COURT OF NOVA SCOTIA
(FAMILY DIVISION)
Citation: Conrad v. Bremner, 2005 NSSC 293
Date: 20051027
Docket: SFH OTH 10325
Registry: Halifax
Between:
Diane Conrad
Applicant
v.
Thomas Bremner
Respondent
LIBRARY HEADING
Judge: The Honourable Justice Beryl MacDonald
Heard: June 24 and September 14, 2005, in Halifax, Nova Scotia
Written Decision: October 27, 2005
Subject: Family Law - Attacking validity of Domestic Contract - Unfairness
Contract Law - Consensus ad idem - unjust enrichment - gift
Summary: Parties resided together in Respondent’s house in a common law relationship from October 1995 until March 1999. The Applicant had purchased storm doors, blinds and window treatments for the Respondent’s house and she provided domestic services. On April 3, 1999 the parties signed a hand written agreement requiring the Respondent to pay the Applicant $15,000.00 upon the sale of his house and to release items of furniture to the Applicant. Neither party sought legal advice before signing the Agreement. During the parties relationship the Respondent had paid a debt owed by the Applicant and had provided money to her daughter and brother.
.../2
Page 2
Issue: Did the Respondent sign the Agreement? Was there consensus ad idem when the Agreement was signed? Had the Applicant been unjustly enriched? Were payments made by the Respondent to the Applicant and others gifts?
Result: Agreement upheld as an enforceable contract. Payments made by the Respondent were gifts. The Applicant had not been unjustly enriched.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.