Common law spouse wins Alberta unjust enrichment claim

The Plaintiff, Doreen Mabel Josephine Desimone ("Ms. Desimone") and the Defendant, Douglas John Straub ("Mr. Straub") lived together for 20 years from about 1985 to 2005. They never married. During their relationship they lived on a dairy farm (the "old farm") owned by Mr. Straub.

Ms. Desimone claimed that her contribution of labour, goods and money to the old farm have unjustly enriched Mr. Straub, Straub & Sons Dairy Ltd. ("Straub & Sons”), Shane Straub and Rhonda Straub. Shane Straub is Doug Straub's son and Rhonda Straub is Shane Straub’s wife. Ms. Desimone sought a constructive trust in her favour for one half interest in the increase in the value of all the Defendants’ assets and lands from the date of their cohabitation to the date of the trial and one-third the increase in value of the milk quota purchased in 2008. Alternatively, she sought damages in the form of quantum meruit for the total value of the contributions made by her, either in the form of monetary damages or the transfer of specific lands and assets.

In addition to the unjust enrichment claim, Ms. Desimone claimed partner support, in the amount of $3,000.00 per month, from Mr. Straub. Alternatively, Ms. Desimone proposed a combination of a lump sum and periodic partner support, whereby she would receive $1,300.00 per month and a lump sum of $50,000.00 to help her re-establish herself.

Justice Bryan Mahoney of the Alberta Court of Queen's Bench agreed that Straub and his company had been unjustly enriched by Desimone, but did not award her any interest in property.  Instead, the judge awarded Desimone an amount equal to 35% of the increase in the value of the property and assets over the period in which she contributed to the farm.  However, an amount she owed to Straub would be deducted from the 35% once that amount was calculated (based on a current appraisal, etc.).

Desimone was also awarded $1,200 per month in spousal support over a five year period to end on July 1, 2010.

Read the decision at: Desimone v. Straub.

Siblings, the family farm, and nasty litigation

Here's how a recent decision of the Alberta Court of Queen's Bench begins:

It is unfortunate that at this stage of their lives siblings are involved in nasty litigation. Mr. Chemerinski is the brother of Susan Richter. Anne Marie Chemerinski was their mother. She died on November 1, 2009. Before her death, she was unable to look after her own affairs. Her son William held a Power of Attorney and looked after her affairs. Calvin Richter is Susan’s husband. In 2002 The Richters started an action for damages against these Respondents and the estate of Anne’s late husband Carson based on breach of contract, unjust enrichment or quantum meruit arising out of a joint farming operation near High Prairie, Alberta. In another action, Susan was named the Defendant by Anne. This action dates to 2002. Anne claimed repayment of an alleged $40,000.00 loan to her daughter. In another Queen’s Bench action dating from 2006, Susan is a Plaintiff along with her sister Christine and Bill and Anne are two of the Defendants. In this action two sisters are pitted against their brother and mother. This claim relates to the ownership of a joint investment account held by the Plaintiffs and their mother at CIBC Wood Gundy.

This multifaceted litigation has been disastrous for this family on two levels. It has been emotionally and financially crippling. The litigants are in their late 50s and early 60s. Any vestiges of family harmony have been destroyed. The litigation has accomplished very little other than to create bitterness and deplete resources. It is a prime example of what can happen if litigants possess an abundance of bile and resources.

Read the rest of the decision at: Richter v. Chemerinski.