IN THE SUPREME COURT OF NOVA SCOTIA
(FAMILY DIVISION)
Citation: Westcott v. Dumont, 2009 NSSC 22
Date: 20090127
Docket: 41933
Registry: Sydney, Nova Scotia
Between:
Marilyn Westcott
Plaintiff
v.
Jean-Yves Dumont
Defendant
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LIBRARY HEADING
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Judge: The Honourable Justice Theresa M. Forgeron
Heard: November 10, 12, 13, 2008 and January 20, 2009
Decision: January 27, 2009
Subject: Family Law
Issue: Burden of Proof, Unjust Enrichment, Constructive Trust, and Resulting Trust claims.
Result: The civil burden of proof was applied to the various allegations raised by each party. The court held that both parties successfully proved a case of unjust enrichment against the other. The restitutionary relief of a constructive trust was not made out. A monetary award was granted and when netted out required Ms. Westcott to pay Mr. Dumont approximately $26,000 which would form a first charge against the fire insurance proceeds on the property. The claim for resulting trust was likewise dismissed.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT’S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.