The appellant estate appealed a summary judgment dismissing its claim against the respondent for occupation rent and nursing care expenses.
The estate alleged the respondent unlawfully refused to allow the deceased to return to the matrimonial home after a hospitalization.
The Court of Appeal upheld the motion judge's finding that there was no evidence of an unlawful refusal; rather, the respondent, due to her own advanced age and frail health, was simply unable to provide the necessary care.
Furthermore, the claim for medical expenses was barred by the parties' marriage contract.
The appeal was dismissed.
