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The court granted summary judgment in a family property dispute, assigning zero value to a statute-barred family loan and valuing a taxi licence based on expert evidence.
Rodica Leu and Jonel Joca, married for 24 years, brought competing motions concerning the equalization of net family property following their divorce.
Key disputes involved the treatment of two loans from the husband's parents (one for the matrimonial home, one for a taxi licence) and the valuation of the husband's taxi licence.
The court granted the wife's motion for summary judgment, declining to rule on the enforceability of the matrimonial home loan but directing funds into court for future determination.
The taxi licence loan was assigned zero value due to the expiration of the limitation period.
The court accepted the expert's valuation of the taxi licence at $171,119 and dismissed the husband's arguments for notional disposition costs.
Ultimately, the husband was ordered to pay an equalization payment of $4,022.55 to the wife, along with $30,000 in costs.
Mother granted exclusive possession of matrimonial home pretrial; father's motion for immediate sale dismissed.
The applicant mother and respondent father separated, and the mother remained in the jointly owned matrimonial home with their two children.
The mother brought a motion for temporary exclusive possession of the home, while the father brought a cross-motion for the immediate sale of the home and occupation rent.
The court granted the mother's motion for exclusive possession, finding it was in the best interests of the children and that an immediate sale would prejudice the mother's claims at trial.
The father's motion for sale and occupation rent was dismissed, as the carrying costs paid by the mother roughly equalled the requested rent.
