In an undefended family property proceeding, the court held that substituted service on a respondent residing in Brazil was sufficient despite the absence of a common binding international service convention between Canada and Brazil.
The applicant sought sole ownership of a jointly titled matrimonial-era home after paying the down payment, mortgage, insurance, taxes, and related debts for many years while receiving no support and facing the respondent's later demand for partition and sale.
The court held that Family Law Act equalization claims were statute-barred, but the Partition Act and equitable claims were available.
Applying unjust enrichment, proprietary estoppel, resulting trust, and vesting order principles, the court severed joint title and revested sole title in the applicant, imposed a restraining order, and awarded costs.
