Akshay Sandhir

The decision addresses a motion by Duaa Hadweh to vary a Mareva injunction imposed on her assets in a civil fraud action.

Ms. Hadweh sought to refinance her home to pay legal fees, access frozen accounts for living expenses, and open a new bank account for future employment income.

The court reviewed the evidence of asset dissipation, alternate sources of funds, and compliance with the injunction.

The court found that Ms. Hadweh had not demonstrated a lack of other available assets and had breached the Mareva order.

The court permitted her to open a new account for future income and allowed for some funds to be drawn from home equity for legal fees, subject to further evidence.

The appellant wife appealed several orders from a half-day trial concerning spousal support, equalization, and the matrimonial home.

The appeal raised three main arguments: error in ordering occupation rent, failure to assist the self-represented litigant, and error in valuing the respondent's Alberta pension for equalization purposes.

The Court of Appeal dismissed all grounds of appeal, affirming the trial judge's discretionary findings on occupation rent, finding no reversible error in assisting the self-represented litigant, and confirming the Alberta pension's value crystallized before marriage.