Civil Law Debate

Your Honour, I am here today to make a claim for the full ownership of my apartment and $200 in special damages. In the month of July in 2009, I was busy looking for an apartment in Toronto. After some research however, I came to lease an apartment at Bay Street and Wellesley. (SHOW JUDGE THE PIC) After signing the residential tenancy agreement, I continued to live in this apartment for the next 7-8 months, and was the sole provider for the duration of this time period. At around March of 2010, I met the defendant and after a few months, we decided to move in together in my apartment. Your Honour, it is here where the defendant insisted that I put her name on the lease so that she might assist me with paying the rent. After adding her name to the lease, I spent my hard earned money on various expenses relating to utilities and appliances, now that there was an extra person in the apartment. The expenses are listed in the lease agreement. (SHOW AGREEMENT) Now in regards to claims to the apartment, it is stated in the FAMILY LAW ACT that in matters involving the division of property, each common law spouse is entitled to what he or she brought into the relationship Now in this scenario it is evident that I was the original tenant, and therefore should have rights to the apartment. Furthermore, there is no net family property calculation or equalization payment contemplated in common law situations where there is a separation therefore the value of her assets before the relationship are irrelevant. Lastly, if one looks for precedent setting in making this decision, one can look to Pettkus v. Becker; a landmark case in 1980, also dealing with division of property.

Overall, it is safe to say that this apartment was mine, should be mine, and should remain mine. REBUTTAL: Your honour, does the defendant have any proof that she was the sole provider for not only rent, but financial support!? Because according to this document I was the original tenant to the apartment and paid the security deposit of around $7000. Also there was no clause anywhere in the lease that states that if one spouse doesnt pay as much rent as the other that they forfeit the lease, and the other partner automatically take over the lease. The Family Law Act also states under Trust Claims.. specifically constructive trust that the defendant would be unjustly enriched, if the defendant was given full ownership in the asset as the money I spent on utilities and appliances can be considered as valuable benefits that entitles me to the property, just as much as the defendant.