Rejean Parise

Following the breakdown of a 13‑year common‑law relationship, the applicant sought spousal support and a monetary remedy based on unjust enrichment.

The court found entitlement to spousal support on a non‑compensatory basis under ss. 30 and 33 of the Family Law Act due to economic dependency and hardship following separation.

Applying the Spousal Support Advisory Guidelines, the court awarded retroactive and ongoing support, including a lump‑sum payment reflecting discounted retroactive amounts and ongoing monthly support for a limited duration.

The court also examined the claim for unjust enrichment using the joint family venture framework from Kerr v. Baranow but concluded the distribution of wealth between the parties was not inappropriately disproportionate.

As a result, no property remedy was granted.

The parties each brought motions regarding child support and section 7 expenses, both of which were dismissed.

The applicant subsequently sought costs of $9,250 on a full recovery basis, arguing she was the successful party because the respondent's motion was dismissed and she succeeded on the dominant issue of jurisdiction.

The respondent argued for no costs, as both parties failed on the merits.

The court agreed with the respondent, finding that neither party was successful and the presumption in Rule 24(1) of the Family Law Rules did not apply.

The court ordered that neither party be awarded costs.

The applicant father and respondent mother separated after a turbulent marriage and sought a determination of custody and access for their three young daughters.

The father sought joint or shared custody on an alternating weekly basis, while the mother sought sole custody with access reflecting the status quo.

The court found that both parents loved the children but were unable to communicate effectively or shield the children from their conflict.

Relying on the mother's role as the historical primary caregiver and the stability she provided, the court awarded sole custody to the mother.

However, to protect the father's relationship with the children, the court expanded his access to include a mid-week overnight and required his written consent for major decisions regarding relocation, education, and religion.

The court also granted a divorce and ordered the father to pay child support.