Mark David Staats

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.

The defendant appealed a Small Claims Court judgment finding it negligent under the Occupiers’ Liability Act after a customer entered an open service bay and was injured when a trailer moved as he attempted to steady himself while feeling ill.

The appeal argued the trial judge erred in law in concluding the occupier breached its duty of care.

The court held that findings regarding the standard of care and breach involved questions of mixed fact and law entitled to deference absent palpable and overriding error.

The trial judge’s inference that the occupier knew of the danger posed by the easily moveable trailer positioned near an open garage entrance was reasonably supported by the evidence.

No legal error or misapplication of the statutory duty of care was established.