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Background: Jason Pheasant and Elizabeth Fiona June Thompson purchased a property in Pheasant’s name. After their relationship ended, Thompson lived on the property, maintaining and renovating it. The property was later sold in foreclosure.
Legal Arguments/Issues: The case centered on entitlement to the surplus funds from the sale. Pheasant appealed orders granting Thompson the majority of these funds and double costs. Key issues included whether Pheasant abandoned his legal claim, unjust enrichment principles, and the appropriateness of double costs.
Court's Findings:
Awards and Costs:
Disposition: The court imposed a constructive trust, allocating 80% of the funds to Thompson and 20% to Pheasant, based on their contributions to the property's value. The court also ordered $5,000 of Pheasant's share remain in court pending costs quantification.
Total Award in Favor of Elizabeth Fiona June Thompson: $94,071.98 plus interest, along with single costs for the Supreme Court proceedings.
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Appellant
Respondent
Court
Court of Appeals for British ColumbiaCase Number
CA48638Practice Area
Real estateAmount
$ 94,072Winner
RespondentTrial Start Date