J. Battin

The applicant and respondent separated after a 21-year common-law relationship.

The applicant sought a beneficial interest in several properties, spousal support, and priority over CRA liens, while the respondent sought retroactive child support.

The court found the parties were engaged in a joint family venture and awarded the applicant a 50% interest in two properties and a 33% interest in a third property purchased post-separation using joint funds.

The respondent's claim for retroactive child support was dismissed as the children were independent adults when the claim was made.

The court awarded the applicant retroactive and ongoing periodic spousal support, imputing income to both parties.

Finally, the court held that the applicant's constructive trust interest in the properties took priority over the CRA's subsequently registered tax liens.

Following a family law trial concerning spousal support and equalization of net family property, the successful party sought substantial indemnity costs.

The court considered written submissions after its earlier decision and noted that the opposing party had been unreasonable during the litigation and had failed to provide full financial disclosure.

The court accepted counsel’s representation that not all time spent had been billed due to the client’s limited means.

Finding the requested amount reasonable in the circumstances, the court awarded costs in the amount sought.

The costs were ordered payable forthwith.