Tag: Court of Appeal

This case involved a common law relationship in which the parties were not married. The husband brought a claim for a declaration of constructive trust for a portion of the wife’s property. The common-law wife appealed from the husband’s successful application for a declaration of constructive trust. The parties began cohabiting in 1995 and separated in 2002. At the time the parties began living together, the wife owned a property with her mother, and her 50% interest was valued at $25,000. The wife subsequently purchased her mother’s interest and the parties lived in the home. The husband claimed to have made significant contributions, particularly in labour and improvements, to the property. He also worked in the wife’s janitorial business. In 2001 the wife sold the house for $129,900 and purchased a development property on Portage Road for $219,900. She obtained bank and other financing for the balance of the price. The husband claimed that he had contributed significant labour in improving the property and working on permits for subdivision. Throughout the relationship, the wife had worked two jobs and paid most of the family’s expenses. The husband was also employed, but his wages were not contributed to the family resources.