Adam Lake

In matrimonial proceedings, the court held a focused hearing to determine the beneficial ownership of a property gratuitously transferred by the respondent to himself and his adult son as joint tenants.

The applicant argued for a resulting trust, while the respondent contended it was a gift.

The court found that the respondent failed to provide clear, convincing, and cogent evidence to rebut the presumption of resulting trust, concluding that the respondent remained the beneficial owner of his son's one-half interest in the property.

The respondent sought a temporary parenting time order accommodating his two-week on/two-week off work schedule and an order for child support.

The applicant opposed, citing her primary caregiver role, the "7-day rule" for young children, and disagreements over healthcare.

The court dismissed the applicant's objections, finding them insufficient.

The court granted the respondent's request for parenting time, with a minor adjustment for the applicant, and ordered child support as per the Guidelines.

The parties were also ordered to communicate via a specific application.