2 total
Father awarded primary residence, child support, and $56,848 in occupation rent; mother's constructive trust claim dismissed.
The parties separated after a common law relationship.
The father sought primary residence, decision-making responsibility, child support, and occupation rent for the home he solely owned but where the mother continued to reside.
The mother claimed a constructive trust over the home, alleging she contributed to the mortgage.
The court granted the father primary residence and decision-making for the younger child, ordered the mother to pay child support, and dismissed the mother's constructive trust claim due to lack of evidence of unjust enrichment.
The court also ordered the mother to vacate the home and pay $56,848 in occupation rent for her extended stay.
Marriage declared void due to prior marriage; non-owner spouse not ordered to vacate.
The applicant sought a declaration that he was not married to the respondent and an order that she vacate his property.
The parties participated in a religious marriage ceremony in 2004 while the applicant was still married to his first wife.
The court granted summary judgment declaring the marriage void ab initio, as the applicant lacked capacity to marry, rendering s. 31 of the Marriage Act inapplicable.
Consequently, the property was declared not to be a matrimonial home.
However, the court declined to order the respondent to vacate the property on an interim basis, finding she had a potentially meritorious constructive trust claim that required a trial.
