from www.calgaryherald.com – A Calgary couple who sued former Calgary realtor Ryan Jenkins earlier this year over a $57,750 deposit they made for a condo are still hoping to recover their money, despite his recent death.
Patrick Keightley and his wife, Cheryl Dawes, allege Jenkins and Townscape Developments Inc. — whom they gave the down payment on the property agreed to be built, but never constructed, at 406 19th Ave. N. E.–breached their agreement and misused the money.
Jenkins, 32, who was living and working in the United States as a reality TV contestant, fled to Canada after allegedly killing his ex-wife Jasmine Fiore in Buena Park, Calif., last month and committed suicide.
His body was found hanging from a closet at the Thunderbird Motel in Hope, B. C., on Aug 23.
Keightley and Dawes allege in a statement of claim filed in Court of Queen’s Bench in Calgary that Townscape agreed to construct a six-unit condominium and accepted the 10 per cent deposit on the $577,500 unit.
Keightley said in an interview that Jenkins wrongfully acted on their behalf as a realtor in dealing with his personal property.
“We bought a condo and he basically sold the property he was going to build the condo on,” said Keightley. “It’s taken us nearly two years already to try to get our money.
“We were never going to get that property. It’s ridiculous. But (Jenkins’) estate is handling it, so we hope (the money) is in the estate and that we get it soon.”
Calgary civil litigation lawyer Rick Billington said such claims almost always do not die with one of the litigants.
“The death of a litigant or shareholder of a corporate litigant does not usually pose an impediment to continuing litigation,” Billington said Thursday. “It may cause practical difficulties, especially if the testimony of the deceased is pertinent to the case.
“What would happen is the executor of the (deceased’s) estate ends up assuming responsibility for all affairs of the estate. The executor doesn’t become responsible for the claims of creditors, but the assets may have to be preserved so the estate can deal with them.”
The plaintiffs claim Jenkins’ company misrepresented itself by purportedly being a member of the Alberta New Home Warranty Program when it was not, and by not holding deposit money in trust as was agreed upon.
Jenkins, in a counterclaim, denied the allegations and alleged the deposit was non-refundable and was lost to the buyers when they failed to comply with terms of the agreement.
Keightley and Dawes have denied in their defence to the counterclaim that they breached the agreement by, as alleged by Jenkins, requesting the return of their deposit before construction had begun.
Meanwhile, the Bank of Montreal also filed a$31,646 statement of claim against Jenkins on July 15, a month prior to Fiore’s mutilated body being found stuffed in a suitcase in a garbage bin.
The bank alleges there is due and owing $21,117, plus interest, as part of a MasterCard cardholder agreement, as well as $10,529, plus interest, for money and services paid to or on behalf of Jenkins at his request.
No statement of defence was ever filed.
Jenkins was the subject of a North America-wide police manhunt for allegedly killing Fiore.
Jenkins’ father, Calgary architect Dan Jenkins, said in a recent statement to the Herald he believes his son is innocent and he intended to “offer a reward for the capture of (Jasmine’s) killer.”
Ryan Jenkins’ half-sister told an American TV show she also believes her brother did not kill Fiore.
She said she still believes he is innocent: “I hold onto the thought that he couldn’t possibly do this,” Alena Jenkins told ABC-TV’s Good Morning America.
Jenkins remains the only suspect in the slaying.