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Pheasant v. Thompson

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:

  • Pheasant did not legally abandon his interest in the property or funds.
  • Thompson’s contributions, including mortgage payments and renovations, increased the property’s value.
  • Pheasant would be unjustly enriched if awarded 50% of the funds.

Awards and Costs:

  • Pheasant was entitled to $14,708.35, reduced by $7,047.72 misappropriated from Thompson, resulting in a net award of $14,708.35.
  • Thompson was awarded the remaining $94,071.98.
  • Thompson's request for double costs was modified to single costs.
  • $33,780.33 of the funds remained in court pending the costs award.

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.

Jason Pheasant
Law Firm / Organization
Hauer and Company
Lawyer(s)

Karl Hauer

Elizabeth Fiona June Thompson
Law Firm / Organization
Not specified
Lawyer(s)

B. Smith

Court of Appeals for British Columbia
CA48638
Real estate
$ 94,072
Respondent