The appellant, Cassandra Lorenne Ross, appealed a summary judgment order concerning the division of proceeds from a jointly held property with the respondent, Phillip Edward Glenn Surridge, following their separation.
The original motion judge found unjust enrichment in favour of the respondent, who had made all property payments, and denied the appellant's claim for occupation rent.
The Court of Appeal dismissed the appeal, affirming the motion judge's findings on unjust enrichment, the absence of a juristic reason for the enrichment, and the lack of donative intent.
The court also upheld the denial of occupation rent due to insufficient evidence and the respondent's entitlement to reimbursement for property improvements.
