Respondent
Petitioner
Facts: Jeanette and Lorraine Pelletier, mother and daughter, co-owned a property in British Columbia. After Jeanette was hospitalized, Lorraine changed the locks and occupied the entire property, leading to a dispute over the use and benefits derived from the property. Jeanette sought the court's intervention for partition and sale under the Partition of Property Act.
Issue: The primary issue was whether the property should be sold and how the proceeds, rental income, and occupation rent should be divided between Jeanette and Lorraine, given their respective contributions and use of the property.
Court’s Ruling: The court ordered the sale of the property, with each party entitled to half of the net proceeds. The court also required Lorraine to account for and share rental income and pay occupation rent for her exclusive use of Jeanette's portion of the property since August 2019.
Costs/Damages Awarded: Lorraine was ordered to pay Jeanette occupational rent calculated at $1,100 per month from August 2019 until the property's sale. Lorraine must also repay Jeanette $15,000, representing unauthorized withdrawals from Jeanette's savings account, plus appropriate interest. Jeanette was awarded her legal costs for the proceedings as the successful litigant.
Court
Supreme Court of British ColumbiaCase Number
S137058Practice Area
Real estateAmount
$ 15,000Winner
PetitionerTrial Start Date
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