The plaintiff, Mark Styres, brought an action against the defendant, Alison Martin, seeking a declaration of resulting trust and restitution for unjust enrichment regarding a property he transferred to her during their common-law relationship.
He also claimed damages for breach of fiduciary duty.
The court found that no fiduciary duty existed, as the defendant did not exercise powers of attorney or act in a fiduciary capacity.
The claim for resulting trust failed because the transfer was not gratuitous, as the defendant paid off the plaintiff's mortgage on the property.
The claim for unjust enrichment also failed as the plaintiff did not demonstrate a lack of donative intent for the transfer, and his subsequent actions were consistent with a gift.
The action was dismissed.
