John W.E. Gilbert

The appellant appealed a trial judgment in matrimonial proceedings, challenging the trial judge's findings on unjust enrichment, the exclusion of a farm as a gift, retroactive child support, spousal support duration, and post-separation obligations.

The Court of Appeal upheld the trial judge's findings that the farm was a gift and that unjust enrichment was limited to the bungalow.

However, the Court found the trial judge erred by imposing a strict three-year limit on retroactive child support under D.B.S., extending it back to the date of formal notice.

The Court also found the trial judge erred by arbitrarily terminating spousal support after five years, removing the termination date and increasing the quantum in accordance with the Spousal Support Advisory Guidelines.

The appellant appealed a motion judge's order enforcing the terms of a settlement reached during mediation.

The appellant argued that he wanted to seek a second opinion before finalizing the settlement.

The Court of Appeal dismissed the appeal, finding no basis to interfere with the motion judge's conclusion that a binding settlement had been reached while the appellant was represented by counsel.