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When a couple decides to end their relationship, either through separation or divorce, there can often be ill will felt between each other. This can add emotional stress to the separation process. Sometimes one person’s negative feelings towards a former partner can lead to excessive litigation. This is what one woman felt was happening with her former partner when he sued her for, amongst other things, breaking up with him. A decision on the matter was recently issued by the Ontario Superior Court of Justice.
The relationship and breakup
The couple were involved in a romantic relationship that saw them living together in a home (though the woman had a 99% stake in it compared to the man’s 1%). Their relationship came to an end on May 2, 1015. However, they attempted to reconcile and began living together again on August 28, 2015. The reunion was short lived, though, and they broke up for the final time on September 26, 2015 when the woman asked the man to leave the home. She said he refused to leave and was both physically and verbally abusive to her. This resulted in charges against the man being laid, but not pursued by the police. The home was sold, with the man getting 1% of the net proceeds and the woman getting the other 99%.
The lawsuit
The man commenced an action against the woman on September 18, 2017, seeking damages for a variety of issues, including punitive damages, violations of the Charter, and damages related to loss property. He alleged he was “a victim of malicious prosecution, public mischief, negligence, negligent investigation, conspiracy and false imprisonment, all as a result of the defendants’ conduct.”
The woman responded, arguing the statement of claim was replete with errors as well as improper and irrelevant allegations. She argued more than half of the statement of claim contain no cause of action.
The court examined all elements of the statement of claim, with one of the more interesting sections being one where he accused the woman of deceit. He claimed the woman deceived him when she agreed to move back in together following their initial breakup. The woman’s birthday occurred while they were back together, and the man argued the reunion damaged the man’s sense of reality, leading to financial loss related to the birthday. He said she should have known her conduct would cause damage to his psychological well-being as well as causing him psychological pain.
The court did not have any patience for this, writing,
“In essence, (the man) is suing (the woman) for ending their relationship. I am aware of no legal principle that requires a person to be truthful to their significant other or to not date more than one person at a time. There is no legal principle that prohibits a person from breaking up with their significant other if their significant other has recently spent money on their birthday or if their significant other would be upset by the breakup.
“This allegation is scandalous, as it is a bare allegation. It is also frivolous as it has no basis in law. Finally, it is vexatious as it was alleged maliciously and without good cause. Accordingly, paragraph 44 of the Statement of Claim is struck with no leave to amend.”
To discuss your legal needs with a Windsor separation lawyer, call 519.973.1500 or contact us online. We serve clients in Windsor, Essex County and throughout the region.
