Eli Plonka

The applicant husband and respondent wife built a real estate corporate empire during their marriage.

Following their separation, the wife claimed her mother beneficially owned the subject corporations and relied on a 2007 marriage contract to exclude the assets from net family property.

The court found the husband was the beneficial owner of four of the corporations and a 50% owner of the fifth, determining the mother was merely a nominee.

The court also set aside the marriage contract, finding the parties had abandoned it by mutual agreement in 2008.

The wife's post-separation actions to seize control of the corporations were found to be oppressive under the Business Corporations Act.

The Applicant sought monetary damages for unjust enrichment based on a joint family venture, an order for no equalization payment, and a lump sum spousal support payment.

The Respondent opposed these claims.

The court found that the Applicant had established unjust enrichment within a joint family venture due to her contributions to the Respondent's business (GS Medical) and household, and her corresponding deprivation (giving up her career, underpaid/unpaid labor).

The court also found the Applicant entitled to spousal support on both compensatory and non-compensatory bases, noting the luxurious lifestyle during cohabitation and the Applicant's economic disadvantage.

Due to the Respondent's lack of financial disclosure, adverse inferences were drawn regarding the value of his business.

The court awarded the Applicant $3,000,000 for unjust enrichment and $365,624.00 net of tax for lump sum spousal support, plus prejudgment interest.

The divorce application was granted.