Olorenshaw v. Rasmussen, (1983) 47 A.R. 64 (NWTSC)

• Judge: Marshall, J.
• Court: Supreme Court of Northwest Territories (Canada)
• Case Date: July 12, 1983
• Jurisdiction: Northwest Territories
• Citations: (1983), 47 A.R. 64 (NWTSC)

Olorenshaw v. Rasmussen (1983), 47 A.R. 64 (NWTSC)

MLB headnote and full text

Olorenshaw v. Rasmussen

(SC 5813)

Indexed As: Olorenshaw v. Rasmussen

Northwest Territories Supreme Court

Marshall, J.

August 4, 1983.

Summary:

The plaintiff woman lived and worked with the defendant man for approximately ten years but they never married. Near the end of the relationship the man sold a business for $275,000, which was built by both parties, but he gave her nothing. The Northwest Territories Supreme Court imposed a constructive trust in favour of the woman.

Trusts - Topic 2346

Constructive trusts - Basis, for imposition, unjust enrichment - The Northwest Territories Supreme Court referred to three requirements to be satisfied before an unjust enrichment can be said to exist (see paragraph 12).

Trusts - Topic 2308

Constructive trusts - Circumstances when imposed - The plaintiff woman lived and worked with the defendant man for ten years but they never married - Near the end of the relationship the man sold a business for $275,000, which was built by both the parties, but he gave her nothing - The Northwest Territories Supreme Court imposed a constructive trust in favour of the woman and ordered that land owned by the man at Pine Point, N.T., valued at $125,000, be transferred to the woman.

Cases Noticed:

Pettkus v. Becker (1980), 34 N.R. 384; 117 D.L.R.(3d) 257, refd to. [para. 10].

Moses v. Macferlan (1760), 2 Burr. 1055; 97 E.R. 676, refd to. [para. 12].

Counsel:

T. Richard Brooke, for the plaintiff;

No one appeared on behalf of the defendant.

This appeal was heard by Marshall, J., of the Northwest Territories Supreme Court, at Yellowknife, N.W.T., on July 12, 1983. The judgment of Marshall, J., was delivered on August, 4, 1983.