Zechariah Weicker Martin

This appeal concerns a family law dispute involving claims for unjust enrichment arising from a joint family venture and spousal support.

The Court of Appeal for Ontario upheld the trial judge’s award of $3,000,000 in damages for unjust enrichment, $365,624 in lump sum spousal support, and $475,000 in costs to the respondent, Katherine Ann Mullin.

The court found that the trial judge properly applied the law regarding unjust enrichment and joint family ventures, and that the evidence supported the findings.

The appeal was dismissed.

This endorsement addresses costs arising from a December 13, 2023 motion where the Applicant mother sought leave to file fresh evidence in an appeal of an arbitration award concerning children's schooling.

The mother was substantially successful on her motion, obtaining leave to file evidence from one therapist and an updated Voice of the Child report, while her request for evidence from a parenting coordinator was dismissed.

The Respondent father's cross-motion was dismissed.

The court found the mother entitled to costs, but not full recovery, due to issues with proportionality and the use of multiple counsel.

The father was ordered to pay $15,000.00 in costs to the mother.

The Applicant sought to set aside a 2006 separation agreement and requested interim spousal support.

The Respondent brought a motion for summary judgment to dismiss the application.

The court dismissed the Respondent's summary judgment motion, finding genuine issues of fact requiring a trial regarding non-disclosure, unconscionability, duress, and undue influence concerning the separation agreement.

The Applicant's motion for interim spousal support was dismissed without prejudice due to significant delay and lack of assets to repay if the agreement is upheld.

The court ordered a joint settlement/trial management conference to expedite a trial date.

This is an appeal of an arbitration award that changed the children's school from a private institution to a public one due to financial considerations.

The appellant mother alleged errors of law, fact, mixed fact and law, and procedural unfairness by the arbitrator, including failure to give due weight to the children's views, prioritizing finances over best interests, insufficient reasons, judicial notice errors, misapprehension of evidence, and procedural unfairness regarding financial disclosure.

The court dismissed the appeal, finding no palpable and overriding errors or errors of law, and upheld the arbitrator's decision, emphasizing deference to arbitral awards in family matters and the holistic consideration of the children's best interests within practical and financial constraints.