The applicant, Indira Sampath, and respondent, Sandra Deopersad, brought motions concerning the distribution of net refinancing proceeds from a residential property.
Equitable title to the property was held 60% by Sampath and 40% by Sirju Deopersad (Sandra's ex-spouse).
Sandra Deopersad sought to apply Sirju's 40% share to his outstanding judgment debt to her.
Sampath's cross-motion sought reimbursement from Sirju for his share of carrying costs based on unjust enrichment.
The court granted Sandra Deopersad's motion, calculating Sirju's net share after specific transactional cost deductions, and dismissed Sampath's cross-motion, finding that her unjust enrichment claim was not properly pleaded and could not take priority over Sandra Deopersad's judgment enforcement.
