Ask Me Help Desk - Lien in Ontario based on breach of contract in Alberta?

Hello,
I'm an Alberta resident who was buying a Ontario property with my commonlaw partner/girlfriend for 4 years (with interuptions) Although we were rocky we had been back togeher for two months consistently cohabitating and working on the project. To make a sad story short just the basics follow...

She had committed in writing to partnership with me, and to open communication of all issues that might affect the sale. She blatantly breached this contract (says a lawyer who has reviewed the case) when she concealing alt. plans and landed her own mortgage somehow (another partner?) purchasing the property alone. She was able to do this as she was the only one on the offer to purchase yet she had never seen the property and had no subject requiring any disclosure form the owner. She had relied on my work and my site visit and research management of the project to make final decisions. Shel'll like use reno design plans I did.

I wish to put a lien on the property in Ontario while I continue to reside now in Western Canada and sue her personally in Alberta for damages from lost profit and opportunity and for 50% of her new asset gain due to my help and as her life partner. I am interested in contacting a Ontario lawyer for the Lien service etc.

I have a valid case relating to the property and wonder if that is enough to gain a lien. I wonder what maneuvers she can do to get out of this impeding her. I'll ideally pursue an out of court settlement on compensation re: 27000$ my share of value above purchase price that was professionally assessed on the closing date. As well my 40K$ of opportunity to make $ via ext. and internal reno's which I had alreadydesigned in detail and provided her during discusions. My additional outlay damages are only 3K$ from 150 hours @ 65$ per hour reasonably... but not cash invested.

Thank you
Outed in Alberta

In a nutshell - you need an Attorney.

When you say you are common law but lived together on and off - are you common law or not?

Maybe I'm missing a definition and a perfect life but we lived together for four years, it got rocky, I came back on request 1 and a half months later... to find most of my furniture still where I left it. It's the only home address Ive had all along as I went travelling with work but have a mobile home too. Spent two more months together as lovers and working together helping each other with life until this.
I will get an attorney. I mentioned the common law as it seemingly shows the basis and level of trust I was working on. Will you be helpful ? Or would you like to leave my post available for someone who has time.

Quote:

Originally Posted by ALinAlberta

Maybe I'm missing a definition and a perfect life but we lived together for four years, it got rocky, I came back on request 1 and a half months later ...to find most of my furniture still where I left it. Its the only home address Ive had all along as I went travelling with work but have a mobile home too. Spent two more months together as lovers and working together helping each other with life until this.
I will get an attorney. I mentioned the common law as it seemingly shows the basis and level of trust I was working on. Will you be helpful ? or would you like to leave my post available for someone who has time.

I asked a question which has to be answered in order to determine how YOUR question can be best answered. And, yes, I'm trying to be helpful, despite your attitude. Whether you are missing a perfect life is immaterial. The level of trust also does not matter. The Law is what matters and here is what it says -

The law on common law marriage is: "Under the Adult Interdependent Relationships Act, Alberta has created a category of relationship known as adult interdependent partner. An adult interdependent partner is someone living in a relationship of interdependence for at least 3 year or a relationship of some permanence if there is a child. You can also become an adult interdependent partner by entering into a written adult interdependent partner agreement. Obviously, these are catchy phrases intended to spread like wildfire. Alberta Common Law Property Division

According to the information you gave you were in a common law marriage/adult interdependent relationship. Therefore, all questions of assets and property must be addressed the same as they would if you were married by a Government official or clergy.

A common law marriage in Alberta can only be ended by "written agreement, by living separate and apart for one year, by getting married or by entering into an interdependent partner agreement with another person." You may or may not still be considered a partner to a common law marriage today. It would appear that the three years which are required to establish another common law marriage have not passed.

Further: "If you are an adult independent partner, you have the right to spousal support and various estate rights."

Again, you need to consult with an Attorney.

JudyKayTee... I must apologize for taking your short question the wrong way. You are very helpful.
I hope to add expertise as you do to ASK ME one day.
Thank you.

Quote:

Originally Posted by ALinAlberta

JudyKayTee ... I must apologize for taking your short question the wrong way. You are very helpful.
I hope to add expertise as you do to ASK ME one day.
Thank you.

No problem - when a person is new here it can often seem that those of us who post all the time are on a mindless fact finding mission.

Don't worry about it.

But you can do me a favor - come back and let me know how this works out, what your Attorney advises. I am in NY (where there is no common law marriage unless it is "founded" in a State which recognizes common law and then the parties move to NY) so I had to research it.

Anyway - let us know what happens and good luck.

I will try to return the favour
But I'm sure it'll be depressing and I'll want to put it all behind me as soon as it's over. :)
I could send you a the strartegy my atorrney -2-B poses so you know what the locals are suggesting.
Addison

Quote:

Originally Posted by ALinAlberta

I will try to return the favour
but I'm sure itll be depressing and I'll want to put it all behind me as soon as it's over. :)
I could send you a the strartegy my atorrney -2-B poses so you know what the locals are suggesting.
Addison

Post away! (All of these legal threads are sometimes depressing.)

I'd love to know what an Attorney would suggest - as I said, I'm not in Canada so I don't know the ins and outs of this situation... but I'd love to learn.

I'm amazed that you don't have to acknowledge a common law relationship - just live together for the required number of years and you find yourself common law. That's frightening.

Due to the property location and need to use Ontario law services I did pose my case to a lawyer in Ontario. The result:
Under Ontario law you may have a claim based on constructive trust and/or breach of contract.(but none on common-law grounds as there are no property rights). If you would have such a claim in Alberta, then bring legal proceedings there. Generally, constructive trust applies where there has been some monetary or physical contribution to property. However, if there was a written contract that she has clearly breached that should give you grounds to sue for any damages you have suffered as a result, which could include loss of opportunity or expected profit.I don't believe you have any basis on which to put a lien on the property before or without taking legal action. However, if you commenced a legal proceeding in Ontario, you could also seek an order allowing you to register a certificate of pending litigation against the property. I am not sure if this is the case in Alberta.

I need advice as to how to keep the retainers these lawyer asks for in perspective of my chance to gain compensation. Each lawyer says the moneys thiers at 200$/hr and the risks all mine, but is there a way to get a little more on my side?

Thanks
ALinAlberta