A summary judgment motion for an unjust enrichment or trust claim typically costs between $15,000 and $30,000 CAD in lawyer fees. Filed at the Superior Court of Justice, it allows a judge to decide your case based on affidavits, bypassing a costly multi-year trial.
In Ontario, common-law partners do not have the same automatic property division rights as married couples. If you spent years contributing money or heavy physical labour to a home that is solely in your ex-partner’s name, you might be left with nothing unless you pursue a trust claim. 🏡 This is often argued as “unjust enrichment.” Because full trials can take years and drain your savings, many applicants choose to file a summary judgment motion.
A summary judgment motion asks a judge to look at the sworn paper evidence and make a final decision without calling live witnesses. It is a powerful tool in the Superior Court of Justice, particularly in cities like Ottawa, Hamilton, and Brampton where court dates are heavily delayed. 📋 However, this legal manoeuvre is not cheap, and understanding the financial commitment upfront is crucial for your peace of mind.
Step-by-Step Process in Ontario
Pursuing a trust claim via a summary judgment motion requires an incredibly detailed paper trail. You are essentially trying to prove that you and your ex operated as a “joint family venture” without needing a full trial. 📂 Here is how a law firm will generally guide you through the process.
Step 1: Determining if a Trust Claim Exists
Your lawyer will first evaluate if you have a valid claim for unjust enrichment. This means proving you enriched your partner (e.g., paying for renovations, writing a cheque for the down payment), you suffered a corresponding deprivation, and there was no legal reason for this imbalance. 🔍 You will need to gather bank statements, receipts, and text messages.
Step 2: Preparing the Application and Affidavits
If you have not already started a court case, you must file a Form 8: Application (General) at the Superior Court of Justice. For the summary judgment motion itself, your lawyer will draft a massive, detailed affidavit. 📝 This document tells your entire story under oath. Your ex-partner will then file a responding affidavit to outline their defence.
Step 3: Conducting Cross-Examinations
Even though there is no trial, lawyers still get to question the parties. You and your ex will be cross-examined out of court, usually at a court reporter’s office. 🎤 Your lawyer will ask your ex tough questions about their affidavit, and a transcript will be created for the judge to read.
Step 4: Arguing the Motion Before a Judge
Finally, both law firms will prepare factums (written legal arguments) and present their case to a judge. ⚖️ The judge will review the transcripts, the affidavits, and the legal arguments. If the judge feels there is no genuine issue requiring a trial, they will issue a final judgment, potentially awarding you a lump sum or a percentage of the home’s value.
How Much Does it Cost in Ontario?
While a summary judgment motion is significantly cheaper than a 3-week trial, it still requires a serious financial investment. The bulk of the cost goes toward your lawyer’s time spent drafting exhaustive affidavits and preparing for cross-examinations. 💵 Here is what you can generally expect to pay.
| Expense Type | Estimated Cost (CAD) | Details |
|---|---|---|
| Drafting Affidavits | $5,000 – $10,000 | Lawyer fees for organizing evidence and writing your sworn statement. |
| Cross-Examinations | $3,000 – $6,000 | Preparation and attendance by your lawyer. |
| Transcripts | $500 – $1,500 | Paid to the court reporter to type out the cross-examination. |
| Motion Argument | $5,000 – $10,000 | Drafting the factum and arguing before the Superior Court of Justice. |
How Long Does the Process Take?
In a standard Ontario court, securing a date for a summary judgment motion can take 6 to 12 months from the time you file your materials. ⏳ While this sounds lengthy, it is drastically faster than waiting 2 to 4 years for a full family law trial. The exact timeline depends heavily on the backlog at your local courthouse.
Frequently Asked Questions (FAQ)
What is a joint family venture?
A joint family venture is a legal concept used to show that a common-law couple integrated their finances, worked collaboratively toward common goals, and prioritized the family unit over individual wealth. Proving this strengthens your trust claim immensely.
Can I ask my ex to pay my legal fees if I win?
Yes. In Ontario, the losing party is generally ordered to pay a portion of the winning party’s legal costs. However, it is rarely 100% of the bill; judges typically award between 50% and 75% of your actual costs.
What happens if the judge dismisses my motion?
If the judge decides there are too many conflicting facts that require live witnesses, they will dismiss the summary judgment motion and order a full trial. You may also be ordered to pay your ex’s legal costs for the failed motion.
Are common-law partners entitled to half the house?
Not automatically. Unlike married couples who benefit from the equalization of net family property, common-law partners only leave with what is in their name, unless they successfully prove unjust enrichment or a trust claim.
Does it matter if my ex committed a criminal offence?
Family courts focus primarily on finances. Unless an indictable offence or summary conviction directly impacted the family’s finances (such as severe fraud or destroying property), bad behaviour usually does not increase your financial payout.
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