2 total
Husband declared beneficial owner of family corporate empire; marriage contract set aside due to abandonment.
The applicant husband and respondent wife built a real estate corporate empire during their marriage.
Following their separation, the wife claimed her mother beneficially owned the subject corporations and relied on a 2007 marriage contract to exclude the assets from net family property.
The court found the husband was the beneficial owner of four of the corporations and a 50% owner of the fifth, determining the mother was merely a nominee.
The court also set aside the marriage contract, finding the parties had abandoned it by mutual agreement in 2008.
The wife's post-separation actions to seize control of the corporations were found to be oppressive under the Business Corporations Act.
Appeal from LAT dismissed as challenges to limitation period findings did not raise extricable questions of law.
The appellant appealed a Licence Appeal Tribunal decision finding her application for Income Replacement Benefits was statute-barred.
The appellant argued the Tribunal erred in law by finding the insurer's denial letter was valid and by refusing to extend the limitation period.
The Divisional Court dismissed the appeal, holding that the Tribunal applied the correct legal tests and that the appellant's challenges to the Tribunal's factual findings and exercise of discretion did not raise extricable questions of law.