Arman E. Hoque

The applicant husband and respondent wife separated after a nearly seven-year marriage.

The trial focused on spousal support and the equalization of net family property.

The court imputed a higher income to the husband, finding he intentionally underemployed himself and diverted business to a new company run by his parents.

The wife was awarded retroactive and ongoing spousal support on compensatory and need-based grounds.

For equalization, the court valued the husband's business using an income-based approach, discounted his claimed interfamily loans by 90%, and dismissed his claim that the wife absconded with $100,000 in jewelry.

The husband was ordered to pay an equalization payment of $95,967.85.

The plaintiff brought a motion for summary judgment to determine the division of profits from a joint venture selling automotive parts.

The court addressed two main issues: the accounting for unsold/consigned goods and a claim for discounted shocks.

The court found that unsold goods should not be deducted from net profit, but uncollected accounts receivable should.

The court also found in favor of the plaintiff regarding the discounted shocks due to lack of explanation from the defendant.

A final amount owing in USD was converted to CAD using an average exchange rate.

Nuzhat Mamoon, a first offender, was convicted of defrauding eight vulnerable individuals of $98,400 through a breach of trust, leveraging her perceived status as a wealthy, religious businessperson and her charitable organization.

The court considered aggravating factors including the duration, planning, number of victims, significant impact on victims, and abuse of community regard.

Mitigating factors were limited to no prior record.

The court rejected a conditional sentence, imposing 18 months' incarceration, a three-year probation order with specific prohibitions, and a restitution order for the full amount.

Nuzhat Mamoon was charged with fraud exceeding $5,000, contrary to s. 380(1)(a) of the Criminal Code of Canada.

The Crown alleged that Mamoon defrauded eight individuals by making false representations about investment opportunities in non-existent businesses (catering, laptop sales, fashion shows) and a property transfer, promising unrealistic and guaranteed profits.

The court found Mamoon guilty, concluding that she intentionally used deceit and falsehood to obtain funds from vulnerable, financially unsophisticated individuals, often leveraging her charitable organization to gain trust.

The total amount defrauded from the complainants exceeded $5,000.

The applicant sought retroactive child support for 2009-2011 and contribution to private school tuition for the 2012-2013 academic year.

The respondent, the stepfather of the applicant's daughter, acknowledged his child support obligation but disputed the amount of income to be attributed to him and whether private school tuition constituted a reasonable section 7 expense.

The court imputed income of $50,000 annually to the respondent, ordered retroactive support arrears from June 1, 2010 to December 31, 2011, and determined that private school tuition was a reasonable section 7 expense to be shared proportionally based on the parties' incomes.