K. Millikin

The applicant, the common-law spouse of the deceased, sought a declaration of an equal interest in their shared home via constructive trust, and dependency support under the Succession Law Reform Act.

The court granted the constructive trust claim, finding the applicant made significant financial contributions to the home's purchase and upkeep, establishing unjust enrichment.

However, the court dismissed the dependency support claim, ruling it was barred by the six-month limitation period and that the property had already vested in the respondent under the Estates Administration Act.

Costs were determined following three family law motions concerning financial disclosure in related proceedings involving a motion to change child support and an application by an adult child for support.

Two motions sought to strike pleadings for failure to comply with financial disclosure obligations, while a third sought disclosure from another party.

The court held that the responding parties had acted in bad faith by failing to comply with prior disclosure orders and by obstructing disclosure required under the Family Law Rules and the Child Support Guidelines.

Full indemnity costs were awarded to the moving parties for the motions to strike, while partial indemnity costs were awarded on the disclosure motion.

The court also ordered that the costs were on account of child support, enforceable through the Family Responsibility Office, and prohibited further motions by the offending parties until the costs were paid.