Terlson v. Knutson, (1987) 59 Sask.R. 89 (CA)

• Judge: Cameron, Wakeling and Gerwing, JJ.A.
• Court: Court of Appeal (Saskatchewan)
• Case Date: March 20, 1987
• Jurisdiction: Saskatchewan
• Citations: (1987), 59 Sask.R. 89 (CA)

Terlson v. Knutson (1987), 59 Sask.R. 89 (CA)

MLB headnote and full text

T. Edgar Knutson (appellant/defendant) v. Edle Terlson (respondent/plaintiff)

(No. 8859)

Indexed As: Terlson v. Knutson

Saskatchewan Court of Appeal

Cameron, Wakeling and Gerwing, JJ.A.

March 20, 1987.

Summary:

Two partners agreed to build a duplex. One partner died. The deceased partner's widow brought an action against the surviving partner for her share of the duplex.

The Saskatchewan Court of Queen's Bench, in a decision reported in 39 Sask.R. 21, answered questions respecting the interests of the parties in the duplex and remitted the matter to the clerk for an accounting.

The Saskatchewan Court of Queen's Bench, in a decision reported in 39 Sask.R. 27, after completion of the accounting, rendered its final decision respecting ownership of the duplex. The surviving partner appealed.

The Saskatchewan Court of Appeal dismissed the appeal.

Interest - Topic 5465

Interest as damages - Real property - Distribution of joint interest - Two partners agreed to build a duplex - One partner (HT) died - HT's widow brought an action against the surviving partner (EK) for her share of the duplex - When the duplex was built, the contribution of EK exceeded that of HT - EK sought to charge the widow interest on the difference between the capital contribution by him as opposed to the widow via her late husband, HT - The Saskatchewan Court of Queen's Bench held that no interest was chargeable in the absence of an agreement by the parties to pay interest - The Saskatchewan Court of Appeal refused to disturb the trial judge's fact finding.

Real Property - Topic 6723

Partition - Financial adjustments - Management fees - Two partners agreed to build a duplex - One partner (HT) died - HT's widow brought an action against the surviving partner (EK) for her share of the duplex - EK claimed that he was entitled to a management fee for looking after the property and collecting rents since his partner's death - The Saskatchewan Court of Queen's Bench allowed EK a management fee of 5% of the annual gross rentals on rentals up until the time of the action, on a quantum meruit basis - The Saskatchewan Court of Appeal refused to disturb the trial judge's fact finding.

Counsel:

R. Van Beselaere, for the appellant;

D.K. Krueger, for the respondent.

This appeal was heard before Cameron, Wakeling and Gerwing, JJ.A., of the Saskatchewan Court of Appeal. The decision of the court was delivered by Gerwing, J.A., orally on March 20, 1987.