Oram v. Horlick, (2014) 349 Nfld. & P.E.I.R. 324 (NLTD(G))
Judge | Handrigan, J. |
Court | Supreme Court of Newfoundland and Labrador (Canada) |
Case Date | January 14, 2014 |
Jurisdiction | Newfoundland and Labrador |
Citations | (2014), 349 Nfld. & P.E.I.R. 324 (NLTD(G)) |
Oram v. Horlick (2014), 349 Nfld. & P.E.I.R. 324 (NLTD(G));
1085 A.P.R. 324
MLB headnote and full text
Temp. Cite: [2014] Nfld. & P.E.I.R. TBEd. MY.020
Dwayne Oram (applicant) v. Beverley Horlick (respondent)
(201306G0167; 2014 NLTD(G) 14)
Indexed As: Oram v. Horlick
Newfoundland and Labrador Supreme Court
Trial Division (General)
Handrigan, J.
January 29, 2014.
Summary:
The parties never married but cohabited for 18 years. They had two children together and bought a home to which they took the title as joint tenants. The husband applied seven years after the parties separated to sever the joint tenancy in the property and for an order that the wife release her interest in the property to him.
The Newfoundland and Labrador Supreme Court, Trial Division (General), allowed the application, in that it severed the joint tenancy, but it ordered the husband to pay the wife one half the present value of the property, less the expenditures that he made on it during their seven year separation. The court also set out the method by which the parties would effect that distribution.
Family Law - Topic 684
Husband and wife - Property rights during and after common law marriage or relationship - Family home - The parties never married but cohabited for 18 years - They had two children together and bought a home to which they took the title as joint tenants - The husband applied seven years after the parties separated to sever the joint tenancy in the property and for an order that the wife release her interest in the property to him - The Newfoundland and Labrador Supreme Court, Trial Division (General), allowed the application, in that it severed the joint tenancy, but it ordered the husband to pay the wife one half the present value of the property, less the expenditures that he made on it during their seven year separation - The court gave the husband no credit for any expenses he said he incurred in operating the household - He enjoyed the benefit of the house for seven years, while the wife maintained a substantial interest in it and he did not compensate her for her loss of its use and benefit - Nor did the court give the husband credit for the items of personal property that he might have given the wife after they separated - See paragraphs 1 to 32 - The court also set out the method by which the parties would effect that distribution - See paragraphs 32 and 33.
Family Law - Topic 1004
Common law, same-sex or adult interdependent relationships - Family home - [See Family Law - Topic 684 ].
Family Law - Topic 1008
Common law, same-sex or adult interdependent relationships - Monetary awards - [See Family Law - Topic 684 ].
Authors and Works Noticed:
Anger, H.D., and Honsberger, J.D., Canadian Law of Real Property (1959), p. 166 [para. 4, footnote 2].
McClean, A.J., Severance of Joint Tenancies, 57 Canadian Bar Review (March 1979), p. 3 [para. 6, footnote 5].
Counsel:
Willis Wiseman, for Mr. Oram;
Beverley Horlick, on her own behalf.
This application was heard at Clarenville, N.L., on January 14, 2014, by Handrigan, J., of the Newfoundland and Labrador Supreme Court, Trial Division (General), who delivered the following reasons for judgment on January 29, 2014.
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