The plaintiff alleged misuse of a joint bank account by his spouse and conversion of a workplace insurance care payment issued in his name.
The court rejected the claim relating to the spouses’ joint bank account, finding the account was managed consistently with the parties’ longstanding intention that the spouse handle household finances.
However, the court found that the spouse and her parents wrongfully converted a WSIB cheque issued to the plaintiff by concealing the payment and depositing it into an account in the mother’s name.
The defendants’ claim that the funds represented compensation for caregiving services failed due to lack of contractual consideration and the equitable doctrine of clean hands.
Judgment was granted for the amount of the cheque plus modest punitive damages.
