Noémie Ducret

The mother and daughter entered into an agreement where the mother transferred her property to the daughter but retained a life interest.

The daughter later required financing to renovate the property, and the bank required the life interest to be discharged.

The mother signed an acknowledgment and direction discharging her life interest.

Years later, the relationship broke down, and the daughter attempted to evict the mother and sell the property.

The court found that the discharge of the life interest was invalid due to undue influence, as the mother did not fully understand the consequences and did not receive independent legal advice.

The mother's life interest was declared valid, and the daughter was ordered to provide an accounting for funds managed while acting in a fiduciary capacity.

The defendant, having previously obtained summary judgment establishing the third party's obligation to indemnify her for liabilities arising from commercial loans, sought summary judgment for $150,000, representing the amount she paid to settle the plaintiff bank's claims against her.

The court found the settlement amount to be reasonable given the risks and potential liabilities involved, and granted judgment for $150,000 plus costs.

The court also granted a temporary stay of enforcement to allow the self-represented third party, who is subject to a vexatious litigant order, an opportunity to launch an appeal.