The Court of Appeal has been asked to review a multi-million-dollar lawsuit against a woman accused of using undue influence to gain control of an elderly woman’s property and bank accounts.
Earlier this week, lawyers representing Nichola Blanchfield filed an appeal challenging a High Court decision that upheld the case brought by Errol Pierre on behalf of his late family friend, Verna Gottshalk.
Pierre initiated the case after learning, along with Gottshalk’s son who resides in the United Kingdom, that Gottshalk had been placed in an elderly care home and her Diego Martin home had been sold.
According to the lawsuit, filed by attorneys Martin George and Danesha Munroe, Pierre alleged that Blanchfield befriended Gottshalk, then in her 90s, and frequently visited her home.
He claimed Blanchfield convinced Gottshalk to make a will naming her as the sole beneficiary, excluding her son, and also had her sign a power of attorney giving Blanchfield control of her finances.
Pierre alleged that Blanchfield used this control to persuade Gottshalk to purchase a car for her, citing inconvenience with public transportation. He further claimed that Blanchfield put Gottshalk’s house up for sale and invited her to move into her family home in Arouca.
When the house sold for $2.5 million, Pierre said Blanchfield retained the proceeds. He alleged that she spent a few months with Gottshalk before placing her in the elderly care home, where she was reportedly neglected, with only one monthly payment made on her behalf.
Pierre took Gottshalk into his care. She passed away after the trial concluded but before the judgment was delivered.
In late January, Justice Marissa Robertson upheld Pierre’s case. She ordered that the will and power of attorney be set aside and directed Blanchfield to repay the proceeds from the sale of the house.
Blanchfield was also ordered to return $83,300 used to purchase the car, $28,000 withdrawn from Gottshalk’s account, and $117,000 transferred from Gottshalk’s account to her late husband’s ex-wife to settle an unrelated property dispute. An injunction barred her from accessing Gottshalk’s bank accounts.
A 42-day stay of the judgment was granted, which expired when Blanchfield’s lawyers, Dave McKenzie and Debra James, filed the appeal.
In their court filings, obtained by Guardian Media, Blanchfield’s lawyers argued that Justice Robertson erred in upholding the claim, asserting that Pierre failed to prove she exercised undue influence over Gottshalk.
“The trial judge was inaccurate in her application or lack of weight given to the evidence of the Appellant,” they stated.
“They added that the judgment of the trial judge is unreasonable and against the weight of the evidence and/or cannot be supported by the evidence.”
The appeal has yet to be listed for hearing.
