Joanne Gibson ("Applicant" or "Applicant/Mother") and Douglas Mead ("Respondent" or "Respondent/Father") met in April/May 1990.Joanne, prior to meeting Douglas, lived in the city of Toronto, Ontario.Joanne was previously married for approximately one and a half years.After the end of her marital relationship, she moved to Keswick, Ontario to visit family and live with her sister.Douglas was working full time in Toronto.Joanne lived with her sister for approximately one year and then towards the end of 1990, Douglas moved in with Joanne and her sister.In 1991, Douglas and Joanne moved together into a small home on Lake Drive in Keswick.In 1991, when Douglas and Joanne moved together on Lake Drive, neither one of them were working nor were they both on social assistance.Joanne became pregnant.Joanne and Douglas agreed that they needed a bigger home and they moved into a two-bedroom home across the street. Their first child, Michelle Mead ("Michelle"), was born December 2, 1992.After the birth of Michelle, Joanne did not work and stayed at home to take care of Michelle full time.

In November 1993, Joanne, Douglas and Michelle moved to a home on Tampa Drive, Keswick, Ontario owned by the Respondent and his father (341 Tampa Drive, Keswick, Ontario) (the "Tampa Property").Douglas' father loaned the Respondent $5,000 to aid him in purchasing the Tampa Property.The family lived in this Tampa Property.

From 1993 to 1995, the relationship between Joanne and Douglas was not going well.They were prone to "slap matches" as described by Joanne. On November 22, 1995, their second child, David Mead ("David") was born.It is Joanne's evidence that while she was pregnant with David, Douglas told her that he was having an affair with a woman at work and he left the home and moved in with this woman.Douglas was gone for months.Joanne's sister stayed with her while she was pregnant with David and to help take care of Michelle.During this time period, Joanne indicates that she was scared and was not certain whether Douglas was going to stay in the relationship her or if their relationship ended.Once Douglas left, Joanne, in her evidence, indicated she had no income and was forced to go on social assistance and that she was on social assistance for approximately one year.In 1996, Joanne and Douglas reconciled, and he moved back into the home on Tampa Drive.

On April 15, 1997, Joanne and Douglas entered into an amended separation agreement.The amended separation agreement amended a previous separation agreement dated February 10, 1997. Douglas bought his father's interest in the Tampa Property on April 3, 2002. Joanne and Douglas along with their children, Michelle and David (the "Family"), resided in the Tampa Property until it was sold by the Respondent on August 3, 2006. Joanne also gave evidence that while she was taking care of the children, Douglas was able to better his education by getting his grade twelve high school diploma and attending George Brown College to obtain his millwright licence. Douglas was also able to go to Mexico for seventeen weeks to better his employment opportunities with his employer, Magna while the Joanne stayed at home and took care of the house and the children.

On August 3, 2006, Douglas purchased 285 Annsheila Drive, Keswick, Ontario ("Annsheila Property").On the date of purchase, Douglas received a mortgage in favour of CIBC Mortgages Inc. in the amount of $191,250. On July 7, 2010, Douglas entered into a secured line of credit in favour of CIBC in the amount of $50,000.On May 3, 2011, an on-demand line of credit was secured upon the Annsheila Property in the amount of $88,600.On October 24, 2011, the mortgage in favour of CIBC Mortgages Inc. was increased to consolidate the mortgage and the two lines of credit for a total of $258,000.

The Family resided in the Annsheila Property until the Respondent left the property on June 21, 2011. Douglas moved back into the Annsheila Property on September 12, 2011, and Joanne vacated the property.

In early September 2011, just before Joanne vacated the Annsheila Property, Douglas took back a van which Joanne was driving, and she had no vehicle for transportation for months after leaving the Annsheila Property on September 12, 2011.After leaving the Annsheila Property, Joanne resided at a girlfriend's home sleeping on the couch for approximately three months. Joanne was able to obtain an apartment for herself in December 2011, and her son, David, moved in with her in the new apartment.Michelle was sometimes living with Douglas and sometimes living on her own.During this period, Michelle was in and out of the Douglas' home.In December 2011, Michelle was nineteen years old and David was sixteen years old. Douglas income grew from being on social assistance to making over $90,000 per year during the span of the relationship.

Joanne commenced an action in court on April 20, 2012 against Douglas seeking for an equitable remedy for her contributions to the common law relationship.

Factual Summary reveal the following:

a)Joanne has a grade ten high school education;

b)There are two children of the relationship;

c)Joanne stayed home to raise the children;

d)Douglas was not greatly involved in the primary caregiving of the children;

e)Douglas was able to obtain his grade twelve high school diploma, and to attend George Brown College during the relationship to obtain his mill working licence;

f)Douglas' income grew from being on social assistance to making over $90,000 per year during the span of the relationship between the Applicant and the Respondent;

g)Joanne's income was never significant during the term of the relationship;

h)Joanne was dependent financially upon Douglas throughout their relationship and after the date of separation;

i)Joanne has suffered a financial disadvantage due to the breakup of the relationship between Joanne and Douglas

j)Joanne does have health issues.The extent of these health issues as these issues are connected to her employment was not fully established in the evidence at trial.

k)Also, the evidence has indicated that at the end of the relationship in June 2011, any and all assets accumulated during the relationship were in the name of Douglas.Joanne left the relationship with very minimal assets.

Based on the above facts discuss and apply the relevant principles of law for dividing matrimonial and cohabitational property outside the statutory scheme are resolved. Discuss and apply in details all the elements of each principle alongside with the facts of the case above. Conclude by making a determination whether Joanne is entitled to the equitable remedy.