David McEwan and Eileen Patel Successful in Defending Claim of Deceit in a Romantic Relationship

In Norkum v. Fletcher, 2018 BCSC 904, David McEwan and Eileen Patel acted on behalf of the defendant. The plaintiff and the defendant were in an eight year relationship. The plaintiff alleged that he had been deceived by the defendant as to her feelings for him, and that the defendant had been unjustly enriched by receiving a salary, gifts, and other financial benefits during their time together. The claims for restitution and damages exceeded $3.4 million. The Court held that the defendant had been unjustly enriched by virtue of improvements made to her property with money provided by the plaintiff, and by the acquisition of a property in Trinidad by the plaintiff but in the defendant’s name. The Court dismissed the balance of the plaintiff’s claims for return of the salary paid and gifts made to the defendant on the basis that he had failed to establish the requisite elements of the tort of deceit.