Nicole Rea

The parties, former common-law spouses, sought resolution regarding the sale of their jointly owned home, division of proceeds, and claims for unjust enrichment and occupation rent.

The respondent sought credit for the down payment he made, arguing unjust enrichment to the applicant.

The applicant sought immediate sale, equal division, and occupation rent.

The court found that while the respondent was initially unjustly enriched, the applicant's subsequent greater contributions to household expenses during the relationship remedied this, leading to an equal division of net sale proceeds.

The court dismissed the claim for occupation rent and ordered the immediate sale of the home with equal division of proceeds after payment of the mortgage, joint line of credit, and sale costs.

The father brought a motion seeking supervised parenting time and alcohol testing for the mother following her involvement in a motor vehicle accident with the children, which resulted in impaired driving charges.

He also sought the sale of the matrimonial home.

The court found the father did not meet the onus to require supervised parenting time, noting the mother's clean driving record and the lack of a Children's Aid Society recommendation for supervision.

However, the court ordered the mother to abstain from alcohol during and prior to parenting time and prohibited her from driving with the children.

The court also ordered the partition and sale of the matrimonial home, granting the mother 60 days to attempt to purchase the father's interest.

The applicant father brought a motion for a temporary order for shared parenting time, which he amended to seek primary care and supervised parenting time for the respondent mother after she was involved in a serious motor vehicle accident with the children in the car and charged with impaired driving.

The mother did not file responding material regarding the accident.

The court ordered a temporary shared parenting arrangement on a week-on, week-off basis, but required the mother's parenting time to be continuously supervised.

The court also ordered the mother to abstain from alcohol and nonprescription drugs during and 24 hours prior to her parenting time, and prohibited her from operating a motor vehicle with the children as passengers.

The parties separated in 2016 after a 17-year marriage.

The applicant sought a divorce, retroactive and ongoing child support, section 7 expenses, spousal support, an unequal division of net family property, and the transfer of the matrimonial home.

The respondent sought an equalization payment, occupation rent, and the sale of the home.

The court granted the divorce, ordered retroactive child support and section 7 expenses, and awarded temporary spousal support until the matrimonial home is sold or transferred.

The court found no grounds for an unequal division of net family property and ordered the applicant to pay an equalization payment to the respondent.

The matrimonial home was ordered to be sold unless the parties could agree on transfer terms.

The appellants appealed a Small Claims Court judgment awarding the respondent damages for negligent misrepresentation regarding a failing septic system in a real estate transaction.

The respondent cross-appealed the trial judge's decision to apply a 50% discount for betterment.

The Divisional Court dismissed both the appeal and the cross-appeal, finding no palpable and overriding error in the trial judge's admission of expert evidence or assessment of betterment.