The appellant, a judgment creditor of the respondent husband, appealed an order dismissing her motion to enforce her judgment against the proceeds of the sale of the matrimonial home.
The appellant had loaned money to the husband, part of which was used to pay down the mortgage.
The motion judge held that under s. 4 of the Creditors' Relief Act, outstanding child support arrears took priority over the appellant's claim against the husband's share of the proceeds.
The motion judge also dismissed the appellant's unjust enrichment claim against the respondent wife's share, finding a juridical reason for the enrichment.
The Court of Appeal upheld the decision and dismissed the appeal, declining to consider a new argument for an equitable lien.
