The Applicant and Respondent, divorced spouses, disputed their date of separation, ownership of the matrimonial home (1 Glendale Avenue, Brampton), retroactive child support, retroactive section 7 expenses, and equalization of net family property.
The court found the date of separation to be August 1, 1993, based on a separation agreement, tax filings, and evidence of separate lives within the same home.
The Respondent's claim for a resulting trust over the Applicant's 50% registered interest in the Glendale property was granted, as the Applicant made no financial contribution and was only on title for financing purposes, rebutting the presumption of joint ownership.
The Applicant's claim for equalization was dismissed as statute-barred.
The Respondent was awarded $39,821 in retroactive child support, while the claim for retroactive section 7 expenses for orthodontics was dismissed as the parties were found to share the expense 50-50 and the Respondent had already paid his share.
