OCA 2009

The appellants, Jay and Christina Chiang, appealed a trial judge's finding that they had not purged their civil contempt by fulfilling undertakings to disclose financial information, as well as the resulting sentences of one year and eight months' imprisonment.

They also appealed the trial judge's decision to quash a Parole Board order granting Jay Chiang parole and to issue a replacement warrant of committal.

The Court of Appeal upheld the findings of non-compliance and the decisions regarding parole jurisdiction and the replacement warrant.

However, the Court allowed the appeal against sentence, finding that the trial judge was bound by a 2003 consent order that limited the initial period of incarceration for non-compliance to seven days.

The sentences were reduced to seven days each.

The appellant father appealed a motion judge's dismissal of his motion to vary spousal support, terminate daycare expenses, and reapportion section 7 child support expenses.

The appellant argued that the respondent mother's transition from a student to full-time employment constituted a material change in circumstances.

The Court of Appeal dismissed the appeal, finding no error in the motion judge's conclusion that the mother's employment was foreseeable and necessary given the father's continuous failure to meet his support obligations.

The court also upheld the motion judge's temporary apportionment of section 7 expenses based on the parties' 2006 tax returns, noting the father's failure to make full and frank financial disclosure.

The plaintiff and the deceased cohabited for 23 months before the deceased's sudden death.

The deceased had promised to transfer his RRSPs to the plaintiff if they were still living together, but died before changing his will or signing a cohabitation agreement.

The trial judge awarded the plaintiff $1,750,000 based on a constructive trust arising from unjust enrichment.

The Court of Appeal allowed the estate's appeal, finding no unjust enrichment because the benefits the plaintiff received outweighed her contributions.

The court also held that a constructive trust was inappropriate as monetary damages would have sufficed and there was no link between her contributions and the RRSPs.