Background:
Elzbieta Mikszan appealed a Provincial Court decision dismissing her claims against Salvatore Vetro regarding breach of contract and unjust enrichment. The claims arose from a personal relationship (2016–2019) and involved a lease dispute and a vehicle ownership claim.
Legal Issues & Arguments:
- Lease Claim: Mikszan sought $35,000, alleging Vetro breached an agreement to cohabitate long-term, increasing her rental costs. The trial court found no agreement beyond a one-year lease and awarded her $6,000.
- Vehicle Claim: Mikszan claimed Vetro owed her $35,000 for a 2018 Toyota RAV4 in exchange for services rendered. The court found no contract or unjust enrichment and ruled the vehicle belonged to Vetro. Mikszan was ordered to transfer the title or pay $10,000.
- Jurisdiction: Mikszan argued the trial judge erred in hearing both claims together. The appeal court upheld the decision, citing efficiency under the Small Claims Act.
Outcome & Amount Awarded:
- The appeal was dismissed on all grounds.
- Mikszan was ordered to sign over the vehicle title immediately and send the key fob to Vetro. If she failed, she was required to pay him $10,000.
- Vetro was awarded costs on a regular scale (amount unspecified).
- Total amounts awarded: $6,000 to Mikszan, $10,000 (conditional) + costs to Vetro.
- The court declined to declare Mikszan a vexatious litigant but retained the option for future applications.
