The applicant mother sought a 50% trust interest in a family home held solely in the respondent father's name, following their divorce, reconciliation, and subsequent separation.
The home was purchased using significant funds gifted by the maternal grandmother.
The father argued the funds were a gift to him as compensation for reconciling.
The court rejected the father's argument, finding the funds were gifted to the mother.
The court held that the father was unjustly enriched by the mother's financial and non-financial contributions during their joint family venture.
The mother was awarded a 50% constructive trust interest in the home, valued at $487,608, plus $88,000 in costs.
The father's request to extend the limitation period for an equalization claim was dismissed.
