Karen Mitchell

The parties separated after a 12-year marriage.

The applicant owned the matrimonial home prior to marriage.

The respondent claimed a constructive or resulting trust interest in the home due to its significant post-separation increase in value.

The court found that while there was a joint family venture resulting in unjust enrichment, a monetary award through the statutory equalization process was sufficient to remedy it.

The respondent's trust and occupation rent claims were dismissed.

The court also determined the value of a mortgage held by the applicant's father and calculated retroactive child support.

The applicant was ordered to pay a net equalization payment of $199,281.32.

In CCAA proceedings involving the debtor corporations, a significant creditor sought a declaration imposing a constructive trust and super‑priority over litigation proceeds to recover payments it made to a strategic advisor who served as a director and litigation committee chair.

The creditor argued that the payments justified a solicitor’s lien, unjust enrichment, constructive trust, or oppression remedy.

The court held the advisor’s work was performed in the capacity of a director and business advisor rather than as a solicitor, precluding a solicitor’s lien.

The court further held that the criteria for unjust enrichment and constructive trust were not satisfied and that imposing a proprietary remedy would disrupt the established CCAA priority regime.

The motion seeking super‑priority status was dismissed.