Case information

Charter of Rights — Right to life, liberty and security of the person — Family law — Common law spouses — Division of assets — Applicant seeking to adjust division of property ordered by lower courts — Court ordering partition and sale of jointly owned home, with respondent to receive from applicant’s share of proceeds, child’s university expenses and half of carrying costs of home paid by respondent — Whether ownership interest, excluded property, unjust enrichment and entitlement in accordance with contribution should have been considered in dividing proceeds of sale — Whether lower courts erred in their exercise of discretion — What is the applicable standard of appellate review?

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

The parties commenced cohabitation in Jamaica in 1990. Together, the parties have one child, who is presently 28 years of age. The family immigrated to Canada in December 2000. Mr. Mullings liquidated all of his assets in Jamaica, including his pension, and used those funds to purchase property in Ontario. Mr. Mullings provided the downpayment and title was taken in joint names for their first home. In 2006, Mr. Mullings relocated to Brandon, Manitoba for employment purposes and the parties sold that home in anticipation of their move. They agreed to purchase another home Ontario, however, before the move to Brandon. Ms. Robertson acquired title to this property in her name alone and she moved in. That property was transferred into joint names in 2011, just prior to the parties’ separation. Mr. Mullings did not financially contribute toward the mortgage, taxes or other expenses related to the property. When his employment ended in Brandon, Mr. Mullings accepted a position in Saudi Arabia from 2008 to 2010. He has been unemployed since his return to Canada. He purchased a home for himself in his own name and moved some of his belongings into that home. At the time of trial, he was living in rental accommodations and was living on $19,000 per annum primarily composed of OAP and CPP payments. He alleged that the date of separation was June 2013. Ms. Robertson maintained that it was October 2011. In 2016, Mr. Mullings filed an application seeking, inter alia, lump sum and periodic spousal support, partition and sale of the home occupied by the respondent, occupation rent, life insurance and medical, dental and extended health coverage, a finding of a joint family venture, unjust enrichment and damages. Ms. Robertson counterclaimed for, inter alia, retroactive child support including special and extraordinary expenses, exclusive possession of the home she occupied and a declaration that she was entitled to all right title and interest in that property. The trial judge dismissed almost all of the parties’ claims and ordered partition and sale of the former family residence. From the applicant’s half share of the net proceeds of sale, he was ordered to pay the respondent $19,000 in reimbursement for their child’s university tuition and half of the carrying costs of the home paid for by the respondent from 2011 until the date of sale. This decision was upheld on appeal. The applicant’s motion to set aside the appeal judgment and for a new hearing were dismissed.