Plaintiff
Defendant
Facts: Eric Bernard Emmanuel Massot sued Mark Daniel Shewchuk and Elizabeth Ann Shewchuk, claiming an interest in a property in Cherryville, British Columbia, previously owned by William Welsh and passed to the defendants by will. Massot had an agreement with Welsh to graze livestock on the property, which he continued after Welsh's death until the defendants, through legal counsel, revoked this arrangement.
Issue: The legal issue centered around whether Massot had any continuing rights to the property based on alleged agreements made with the deceased and whether these agreements were valid and enforceable against the new owners.
Court's Ruling: The court dismissed Massot’s claims, finding no legal basis for his continued use of the property. The court determined that any verbal agreements made with the deceased did not survive his death and were not enforceable against the subsequent property owners. Additionally, the court found that Massot had no lease agreement or other legal rights to occupy the property.
Costs/Damages: The court awarded costs of the action to the defendants at Scale B. The plaintiff was also previously ordered to pay $500 in general damages, which the court decided would not be deducted from a $20,000 legacy owed to Massot from the deceased’s estate.
Court
Supreme Court of British ColumbiaCase Number
57649Practice Area
Real estateAmount
Winner
DefendantTrial Start Date
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