Richmond woman ordered to pay $400K to dead boyfriend’s estate for spending his money

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The woman was found to have taken advantage of her deceased boyfriend's vulnerable state and spent money not meant for her use.

A Richmond woman was ordered to pay $400,000 in damages to her late boyfriend’s estate after she was found to have taken advantage of her position and spent all his money meant for investment.

B.C. Supreme Court Justice Janet Winteringham rejected Warriner’s claims, pointing out inconsistencies in both her testimonies about her relationship and about the $350,000 transfer.Woman did not know boyfriend 'very well': judge Warriner’s boyfriend had lived together with his ex-spouse and their two children in their Surrey family home before they separated in 2015. His ex-spouse then moved out of the home while he stayed.

“In sum, there is documented evidence, signed by Ms. Warriner and declaring their marital status as single after October 8, 2016,” wrote Winteringham.Although there was a dental benefits application from the boyfriend in 2016 that stated that Warriner was a “common law girlfriend” who moved in with him on April 28, 2015, Winteringham deemed it “suspect” since it was Warriner who had filled in the form, and it was “unusual” to say “common law girlfriend.

Warriner also claimed the couple had plans to have children, although she initially said the opposite, and she had given “shifting evidence about apparent good health in 2018,” in contrast with evidence from his friend’s testimony of the boyfriend’s drastic weight loss. And even if the court accepted all the transaction amounts Warriner attributed to the boyfriend, the total would be “far short” of $350,000.

Woman took advantage of boyfriend’s vulnerable state Warriner was also found to have undue influence over the boyfriend when he transferred the $350,000 to her. She added that the boyfriend was “not sophisticated in financial matters” while Warriner had more experience having worked for her family company and owned and ran a rental property. She also found that while they were not spouses, the boyfriend was in a marriage-like relationship of less than two years with Warriner at the time.

“This is especially appropriate when considering the significant unfairness of allowing Ms. Warriner to benefit from her misconduct, while leaving children with a minimal inheritance.”

 

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