Aneesha Luthra

The applicant mother brought a motion for primary care of the parties' three children following their separation and the impending sale of the matrimonial home.

The respondent father sought a 2-2-3 shared parenting arrangement.

The court found that the father had an unacknowledged alcohol abuse problem that contributed significantly to parental conflict and posed a risk to the children.

Applying the best interests of the child test under the Divorce Act, the court granted primary care to the mother and ordered specified parenting time for the father without overnights, conditional on him not consuming alcohol before or during his parenting time.

The applicant and respondent cohabited for 23 years but were never married.

After separation, the applicant brought a claim for unjust enrichment and a share of the respondent's property, arguing they were engaged in a joint family venture.

The court dismissed the claim, finding both parties had significant credibility issues and the applicant failed to prove she made financial or non-pecuniary contributions that enriched the respondent.

The court concluded there was no mutual effort, economic integration, or actual intent to share assets.