Nelson Edgar Gomes Cavalheiro

The court considered whether the respondent, Marlene Francis, was unjustly enriched by the applicant, Vern Darchie Douglas, during their lengthy cohabitation.

Douglas claimed financial and other contributions to the property entitled him to compensation or a constructive trust.

The court found that while Douglas did not prove unjust enrichment regarding the down payment or ongoing mortgage payments, he was entitled to $18,000 for renovations and repairs that increased the property's value.

The court declined to find a joint family venture and awarded a monetary remedy rather than a proprietary interest.

The moving party brought a motion for leave to appeal the decision of McPherson J. dated April 5, 2024.

The Divisional Court dismissed the motion for leave to appeal and awarded costs to the responding party in the amount of $3,500.

The husband sought leave to appeal an interlocutory family law order that dismissed his motion for temporary sole custody of the parties' special needs children and granted the wife's motion regarding the transfer of the matrimonial home.

The husband argued he was denied procedural fairness and that the motion judge erred in calculating his share of the home's equity.

The Divisional Court dismissed the motion for leave to appeal, finding no reason to doubt the correctness of the motion judge's order, noting the husband had failed to follow court directions regarding the children's lawyer and that the financial calculations were appropriate.