B.C. man wins interest in home, but not the relationship he sought
A B.C. man who gave a woman $80,000 to buy a home hoped it would also buy her affection.
Steven Levington was infatuated with Adalena Benson and claimed he loved her, so he tried to win her over with a new home. The doomed one-way relationship ended without romanticism, but he still left with a 20% stake in the property, according to a recent B.C. Supreme Court decision.
Benson needed help to buy a new home in Port Alberni in 2019, so she sought the help of an acquaintance for the remaining $80,000.
The deal was already signed when she fell short on funds, so she needed the money within a week.
The plaintiff, Levington, was living in the basement of her current home after he sold his house in September, and he gave her the $80,000 so she could close on the new Port Alberni home, according to the decision.
Their claims over the nature of that $80,000 led them into a Nanaimo courtroom.
Benson said his contribution, amounting to 20% of the home's value, was a loan, and she planned to pay it back.
"Mr. Levington alleges that it was an investment," the decision reads. "He suggests that it was quite natural that the parties would purchase the home together given their ongoing romantic relationship."
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She claimed he used the money to win her affection after she went through her own divorce and she never had a romantic relationship with Levington.
Justice Ward Branch found no evidence of a romantic relationship between them.
In video evidence and text message exchanges, Levington claimed he "loved" Benson would try to be kind and courteous toward her, even extending to sexual messages to her.
"Mr. Levington often messaged Ms. Benson in a sexualized manner, including referring to masturbating in her presence, sucking her toes, exposing himself, groping her, trying to make her touch him, and peeping on her or others. Some of the content of the videos entered into evidence reflect similar conversations," Branch's decision reads.
She didn't once give affection in return.
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"There is not a single message between the parties in which Ms. Benson expresses even the slightest degree of warmth towards Mr. Levington," Ward's decision reads.
Ward cast doubt on both Benson's and Levington's claims. There were several message exchanges between the two over Facebook which Benson tried to use as evidence, but Levington claimed they were fabricated.
Ward's decision ended in favour of Levington, without wading into deciding the nature of their relationship and whether Levington used the $80,000 payment to blackmail Benson into a relationship.
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Despite Benson's claim the money was a loan, no details of a repayment plan were ever brought to court.
On Dec. 13, Ward found the investment to be more of a bargain than a gift, leading him to rule Levington should maintain a 20% stake in the property.
The home was purchased for $390,000, but it is now valued at $620,000. Benson was given 120 days to pay Levington $124,000.
If she fails, the home will be put up for sale and Levington will get 20% of the deal.
The sale, however, would be pending payment of the $18,000 in property taxes owed on the house. If that's not paid, the home will be sold in a municipal auction.
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