S. M. O’Brien

The parties separated after an eight-year marriage.

The applicant mother struggled with alcohol abuse, leading to the respondent father becoming the primary caregiver for their three children.

The court maintained the current parenting schedule, with the children residing primarily with the father and the mother having parenting time 5 out of 14 days subject to alcohol monitoring.

The court also resolved complex financial issues, including valuing the father's security business on the date of marriage, determining the parties' incomes for support purposes, and addressing claims of unjust enrichment and resulting trust.

The father was ordered to pay an equalization payment of $882,115.16 and retroactive spousal support, while the mother was ordered to pay retroactive section 7 expenses.

The applicant, Bovaird, purchased land from the respondent, Mattamy, with the intention of developing it for district retail use.

Mattamy agreed to indemnify Bovaird for all future obligations under a cost-sharing agreement.

Bovaird later changed its plans and developed the land for residential use, triggering an additional $2.8 million contribution under the cost-sharing agreement.

Bovaird sought indemnification from Mattamy.

The court dismissed the application, finding that the broad indemnity must be read in the context of the parties' agreement as a whole, which included a specific contractual commitment by Bovaird to develop the land for district retail use.

The court held that Bovaird could not rely on the indemnity to profit from its own breach of that commitment.