Legault v. Hebert
Dennis Legault
Law Firm / Organization
McInnis Law Professional Corporation
Lawyer(s)

Chris McInnis

Mandy Herbert
Law Firm / Organization
Niman Mamo LLP
Lawyer(s)

Hayley Cairns

Facts:

  • Dennis Legault (Applicant) and Mandy Hebert (Respondent) jointly purchased a home at 6 Herman Mayer Drive in Greater Sudbury, Ontario.
  • The respondent contributed $105,000 to the downpayment, and both parties secured a $260,000 mortgage.
  • The relationship ended in 2022, leading to disputes over property sale procedures and proceeds distribution.

Key Issues:

  • Both parties agreed to sell the house but disagreed on how to divide the proceeds.
  • The respondent claimed she was entitled to the full proceeds due to her financial contributions.
  • The applicant sought an equal share of the proceeds.

Legal Principles Applied:

  • Resulting Trust: The court did not find that the applicant held his interest in trust for the respondent, as both parties contributed to the mortgage.
  • Unjust Enrichment: The court ruled that the applicant would be unjustly enriched if he received half the proceeds, given the respondent's significant financial contributions.

Decision:

  • The respondent was awarded $105,000 for her downpayment and $80,576.64 for renovation costs.
  • Remaining proceeds were split: 83% to the respondent and 17% to the applicant, reflecting their financial contributions.
  • A previous costs order of $45,200 was to be paid to the applicant from the respondent’s share.

Conclusion:

  • The court emphasized equitable distribution based on contributions and rejected a 50-50 split due to unjust enrichment concerns.
  • The total monetary award is not explicitly specified in the document because the final amount depends on the actual sale price of the property, which had not been finalized at the time of the judgment.
Superior Court of Justice - Ontario
FS-22-14393
Real estate
Respondent