A man who agreed to pay half the mortgage for a Maple Ridge house his friend bought to live in — with the plan they could split the proceeds five years later — has filed a lawsuit after his friend refused to sell the house or answer his calls.
Marc Lefebvre, a builder who specializes in outdoor furniture and home improvements, filed a lawsuit in B.C. Supreme Court asking to be declared half owner of the house as intended in an investment agreement he entered into with Hendrika Ross, a nurse, and her son, Kyle Post of Mission.
Lefebvre is asking the court to order them to sell the property and give him his share.
Lefebvre alleges that Ross breached their 2016 investment agreement by failing to pay $250,000 as the down payment on the $545,000 property as she promised, according to the lawsuit.
He found out later she instead took out a mortgage for $770,000.
The lawsuit alleges “fraudulent misrepresentation” because Ross and Post used the mortgage not only for the house but for “their own personal benefit, the particulars which are not known.”
Lefebvre is also seeking damages for breach of trust, breach of the agreement and fraudulent misrepresentation.
Under the agreement, Ross — after her down payment of $250,000 and Lefebvre’s of $62,000 — was to have secured a $245,000 mortgage.
Lefebvre was to pay $2,500 a month, plus yearly lump sums to quickly pay down the principle, for a total of $250,000 for his share of the house.
And the plan was to pay off the $245,000 mortgage in five years and sell the property, according to the lawsuit.
In addition, Lefebvre completed a number of home improvements at Ross’ request, costing him $21,800 in materials — including a playhouse for Ross’ grandchildren, a perimeter fence, wooden sidewalk, a deck and barbecue shelter, gardening and landscaping, kitchen tiles and paint, cedar shingles and a concrete sidewalk — for which he seeks compensation.
He also paid $8,000 for new furniture for the living room, dining room and bedroom in exchange for a promise he would be “reasonably compensated by Ross” when the house was sold. He also paid $14,000 over seven years for half the property taxes and insurance.
The contributions “were not intended as gifts,” the lawsuit said.
Lefebvre believed Ross’ proposal of co-buying the property was a good investment and would also provide accommodation for Ross, whom he had met when her daughter, and later her son, hired him for improvement projects and “whom he believed to be a genuine friend.”
He allowed her to apply for the mortgage on his behalf. She told him the bank said he didn’t qualify, but he would still own half the property even though he wasn’t on the title. He agreed to those terms.
Lefebvre later discovered Ross was registered as owning 99 per cent interest on the deed, and Post owned one per cent, the lawsuit said.
From 2016 to 2023, Lefebvre made the monthly payments, plus lump sums between $30,000 and $45,000 a year. In 2021 he asked, as agreed, for the property to be sold.
But Ross told him the sale couldn’t happen because the mortgage hadn’t been paid yet. He never asked to see monthly mortgage statements because he trusted Ross and “continued to believe Ross was a genuine friend” with whom he socialized every day and regularly had dinner.
After November 2023, when Ross agreed to sell the property in the summer or fall of 2024, she cut off communication.
Neither Ross nor Post could be reached for comment. Lefebvre said he is waiting for the case to be settled before commenting.
None of the allegations has been proven in court.
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