The parties separated after a 21-year marriage.
The primary issue was the equalization of the matrimonial home, which the respondent had inherited from her grandparents.
The applicant claimed a 50% ownership interest based on an alleged agreement and unjust enrichment, and sought an unequal division of net family property under s. 5(6) of the Family Law Act due to significant post-separation increases in the property's value.
The court found the respondent was the sole owner but the applicant was entitled to an equalization payment based on the valuation date value.
The court declined to apply s. 5(6), finding the threshold of unconscionability was not met.
The court also awarded the applicant occupation rent for a mobile home on the property, retroactive spousal support, and ordered him to pay child support for one child.
