The parties separated after a 15-year common law relationship and agreed to shared custody of their two children.
The trial judge ordered the appellant to pay $400 per month in child support, departing from the Guidelines set-off amount, and awarded the respondent $150,000 for unjust enrichment.
On appeal, the Court of Appeal found the trial judge erred by speculating on the parties' lifestyle to increase child support and by effectively equalizing net family property rather than applying the 'value received' approach for unjust enrichment.
The appeal was allowed, reducing child support to the $272 set-off amount and the unjust enrichment award to $70,000.
The respondent's cross-appeal for trial costs was also allowed.
