Matthew A. Newton

The applicant sought a final order for the disposition of sale proceeds of a jointly held home, spousal support, and costs.

The matter proceeded to an uncontested trial after the respondent's pleadings were struck for failing to comply with financial disclosure orders.

The court found the respondent was unjustly enriched by the applicant's contributions to a hydro bill and second mortgage funds, and ordered reimbursement.

The court also imputed income to both parties and awarded the applicant spousal support of $589 per month for five years.

Due to the respondent's bad faith conduct, including defying court orders and abandoning the applicant's belongings, costs of $18,000 were awarded to the applicant on an elevated scale.

The parties separated after a long relationship and marriage.

The applicant sought a 50% interest in the matrimonial home, which was solely in the respondent's name, equalization of net family property, occupation rent, child support, and spousal support.

The court found the applicant had a 50% interest in the home by way of a resulting trust, as it was purchased with funds from a joint account.

The court ordered the respondent to pay an equalization payment, occupation rent, and imputed income to the respondent for child support purposes because he voluntarily took a promotion that reduced his income.

The court also awarded spousal support of $1.00 per month and resolved arrears for child support and section 7 expenses.