Shawn Richarz

This trial addressed two issues following an unmarried couple's separation: the Applicant's claim for equitable rectification of a contract concerning his equity interest in a jointly-owned home, and his entitlement to spousal support.

The court dismissed the rectification claim, finding no common intention to grant the Applicant an equity interest beyond the return of his mortgage payments.

However, the court found the parties cohabited from August 2014 to February 2022, establishing the Applicant as a "spouse" under the Family Law Act.

Consequently, the court granted the Applicant non-compensatory spousal support of $10,912 per month for 66 months, retroactive to March 1, 2022.

The court addressed several family law issues following a marital separation, including the characterization of a $50,000 advance from the applicant's father (loan vs. gift), the division of chattels, and the respondent's claims for unjust enrichment, constructive trust, and unequal division of net family property.

The court determined the $50,000 was a gift, not a loan, and dismissed the applicant's claim for associated interest.

While the respondent successfully established unjust enrichment due to her significant contributions to childcare for children with special needs and household management, the court declined to award a constructive trust or unequal division of net family property due to insufficient evidence to quantify the monetary value of her contributions and delays by both parties in bringing the application.

However, the respondent's spousal support entitlement was designated as compensatory.

The court considered whether to confirm or vary a provisional interprovincial support order under s. 19(7) of the Divorce Act.

The moving party had failed to disclose income as required by an earlier order and had stopped paying child support and maintaining life insurance.

The court determined the proper historical incomes of both parties and recalculated guideline child support and section 7 expenses retroactively to 2009, allocating expenses proportionally to income and accounting for the child’s own earnings.

Arrears were calculated for unpaid child support, unpaid section 7 contributions, and insurance premiums.

The provisional order was varied and the moving party was ordered to pay substantial arrears and ongoing support.