Darius Wroblewski

Following a trial where the respondent was totally successful, the court determined the issue of costs.

The applicant argued that no costs should be awarded due to his impecuniosity and the respondent's access to benefits through her First Nations status.

The court rejected this argument, noting that the respondent is the sole support for their children because the applicant is unable to work.

Costs were awarded to the respondent in the fixed amount of $6,000.

The applicant sought a constructive trust over the matrimonial home located on a First Nation's reserve, claiming unjust enrichment due to his financial and "sweat equity" contributions during the marriage and cohabitation.

The respondent argued that the property was hers due to her Indigenous status and that she bore the primary financial and emotional support for the children after separation.

The court found insufficient evidence of the applicant's quantifiable contributions and determined that the respondent had not been unjustly enriched, particularly considering her sole responsibility for the property's financing and the children's support post-separation.

The applicant's action was dismissed.