7/6/2015
START DATE
END DATE
7/24/2015
John D'Alessio and Robert Limes (as trustees of The Ashley Trust) v. Ada Ruth Tavares and Kyle Tavares
COURT:
LAW:
JUDGE(S):
CLAIMANT'S LAWYER:
DEFENDANT'S LAWYER:
Supreme Court of Bermuda
CIVIL JURISDICTION
IAN RC KAWALEY CJ
Craig Rothwell Cox Hallett Wilkinson Limited
Kathy Lightbourne Sovereign Law Chambers
FACTS OF THE CASE:
Dispute over property rights with underlying familial conflicts; Trust established by Douglas Mackie grants property to the Ashley Trust excluding his sister and nephew except as licensees leading to a legal challenge based on constructive trust and proprietary estoppel claims
SUMMARY:
Whether defendants have a legal or equitable interest in the property based on promises and contributions towards mortgage payments
OUTCOMES:
Counterclaim dismissed possession order granted to plaintiffs
RULED IN FAVOUR OF:
Plaintiffs
PLAINTIFF/CLAIMANT
DEFENDANT:
DURATION (DAYS):
ISSUES:
RELEVANCE:
RULING:
RULING TYPE:
CASES CITED:
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John D'Alessio and Robert Limes (as trustees of The Ashley Trust) v. Ada Ruth Tavares and Kyle Tavares
Dispute over property rights with underlying familial conflicts; Trust established by Douglas Mackie grants property to the Ashley Trust excluding his sister and nephew except as licensees leading to a legal challenge based on constructive trust and proprietary estoppel claims