Faye Yao

Appeal from trial judge's decisions regarding spousal and child support, and division of family home value in a common-law relationship of over 16 years.

The trial judge found a joint family venture and awarded the respondent $595,530 as her share of the family home, imputed $150,000 annual income to the appellant, and ordered costs of $280,000.

The appellate court allowed the appeal in part, reducing the respondent's share to $527,000 by deducting the outstanding mortgage balance, but upheld the imputation of income and dismissed the cross-appeal and motion for leave to appeal costs.

The court determined ongoing and retroactive child and spousal support following an earlier judgment on property and income issues.

Key issues included the appropriate income for retroactive calculations, the duration and quantum of ongoing spousal support, and whether retroactive spousal support should be adjusted for tax consequences due to non-deductibility.

The court fixed ongoing spousal support at the lower end of the mid-range, ordered it indefinitely subject to review, and applied a 30% reduction to retroactive spousal support for non-deductibility.

The applicant sought a declaration of a half-interest in a property registered solely in the respondent's name, based on the doctrine of joint family venture and unjust enrichment.

The parties cohabited for 16 years and had three children together.

The court found that the relationship constituted a joint family venture and that the respondent retained a disproportionate share of the wealth accumulated during the relationship.

The court ordered a monetary award of $595,530, representing half the net value of the property at the date of trial.

Additionally, the court imputed an annual income of $150,000 to the respondent for support purposes, finding him intentionally under-employed.