Supreme Court

Decision Information

Decision Content

IN THE SUPREME COURT OF NOVA SCOTIA

(FAMILY DIVISION)

Citation: Dempsey & Edwards, 2005 NSSC 181

 

Date: 20050627

Docket: SFHF 009178

Registry: Halifax

Between:

Lisette Dempsey

Applicant

v.

 

Michael Edwards

Respondent

 

 

LIBRARY HEADING

 

Revised library sheet:           The text of the original library sheet has been corrected replacing October 14 & 15, 2004 with October 14 & 15, 2005. This replaces the previously distributed library sheet.

 

Judge:             The Honourable Justice Douglas C. Campbell

 

Heard:                        October 14 & 15, 2005 in Halifax, Nova Scotia

 

 

Written Decision:      June 27, 2005

 

Subject:                      Parties to a common-law relationship lasting six and half years resided in a home previously owned by the male partner. He also owned common shares in an insurance company. The other partner argued for a constructive trust or damages due to unjust enrichment.

 

Result:               Constructive trust remedy was denied because a damage award was appropriate. The law of unjust enrichment is discussed. A damage award of $5,000.00 was made.

 

 

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