Aryan Yassavoli-Sani

The appellants sought to appeal a costs order made by the Ontario Court of Justice in a family law proceeding concerning the relocation and decision-making responsibility of their nephew.

The Superior Court of Justice held that the appellants were required to obtain leave to appeal before filing their appeal, as the appeal was solely regarding costs.

Treating the matter as a motion for leave to appeal, the court denied leave, finding no strong grounds to conclude that the trial judge erred in exercising her discretion to order that each party bear their own costs.

The respondent mother brought a motion for temporary child and spousal support.

The applicant father claimed an income of $12,000 to $21,000, despite reporting over $125,000 in annual expenses and having previously declared over $1.2 million in assets on an immigration application.

The court found the father's financial disclosure to be vitiated by contradictions and imputed his income at $221,490 based on his unfunded expenses.

The court ordered the father to pay temporary table child support of $1,792 per month and temporary spousal support of $3,400 per month, retroactive to June 1, 2016.

The applicant sought an equalization payment, challenging the beneficial ownership of a condominium property registered in the respondent's name and a second mortgage against it.

The court found the trust declaration and second mortgage, purportedly in favour of the respondent's father, to be shams designed to defeat the applicant's entitlement to the matrimonial home.

The court concluded that the respondent was the beneficial owner of the property and awarded the applicant an equalization payment of $100,500, securing it with a charge on the property.