The applicant estate trustee sought a declaration that the respondent breached a settlement agreement by failing to maintain and repair a property they co-owned as tenants-in-common.
The respondent had occupied the property but allowed it to fall into disrepair, resulting in a lower sale price.
The court found the respondent in breach of the agreement and awarded the estate $75,375 in damages, representing its 75% share of the estimated $100,500 loss in property value.
The court also ordered the balance of a contingency fund and the respondent's remaining sale proceeds to be applied against the damages.
