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Unsigned separation agreement declared unenforceable; husband ordered to pay $200,000 in tort damages for intimate partner violence.
The applicant husband and respondent wife separated after a 17-year marriage.
The applicant brought a family law application to resolve complex financial issues, including the equalization of properties and businesses in Canada, Bangladesh, and Australia.
The court first held that an unsigned separation agreement was unenforceable under s. 55(1) of the Family Law Act.
The court determined the beneficial ownership and valuation of various assets, including the matrimonial home, foreign properties, and business debts, ultimately finding that both parties had negative net family properties, resulting in no equalization payment.
The court imputed the applicant's income at $130,000 and ordered him to pay ongoing and retroactive child support.
Furthermore, the court found the applicant liable for the torts of battery, assault, and intentional infliction of emotional distress due to a prolonged pattern of intimate partner violence, awarding the respondent $175,000 in compensatory and aggravated damages, plus $25,000 in punitive damages.
