IN THE SUPREME COURT OF NOVA SCOTIA
Citation: MacLean v. MacLean, 2003 NSSC 221
Date: 20031110
Docket: SN No. 209035
Registry: Sydney
Between:
Norma Jo-Anne MacLean
Applicant
v.
Kimberly MacLean
Respondent
LIBRARY HEADING
Judge: The Honourable Justice Walter R. E. Goodfellow
Heard: November 10th, 2003 in Sydney
Written Decision: November 13th, 2003
Subject: OVERHOLDING TENANT’S ACT
Summary: Ms. Kimberly MacLean and the late Duncan MacLean had a relationship in late 1998 or 1999. Cohabitation interrupted from time to time in part for attendances at Detox Centre. Mr. Duncan MacLean died September 1st, 2003 without any Last Will and Testament. Applicant, daughter, who takes property under Intestate Succession’s Act seeks removal of late Mr. Duncan MacLean’s common-law spouse. Consideration as to whether Overholding Tenant’s Act applies.
Issue: Does the court have jurisdiction under the Overholding Tenant’s Act?
Result: Concluded jurisdiction exists. Ms. Kimberly MacLean an occupant by permission which terminated on his death. Order for Possession does not prejudice what, if any, entitlement Ms. Kimberly MacLean has to file a claim in Probate Court or any other cause of action, such as constructive trust. Order for Possession granted.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.