A.S. Zaslavsky

The Applicant Father sought the sale of the matrimonial home and an investment property due to significant financial burden.

The Respondent Mother opposed the sale of the matrimonial home and brought a cross-motion for child and spousal support.

The court ordered the immediate sale of both properties, finding that the financial situation necessitated the sales and that the Mother's opposition was not based on oppressive conduct or substantial prejudice.

The Mother's support motion was adjourned until after the property sales.

The parties separated after a long marriage characterized by the Applicant's controlling and abusive behaviour towards the Respondent.

Following separation, the Applicant engaged in a relentless campaign of parental alienation, successfully alienating the older child and attempting to alienate the younger child, E.S. The Applicant falsely alleged the Respondent had severe mental health issues to justify withholding the children.

The court found the Respondent's mental health was stable and that the Applicant's alienating conduct constituted family violence.

To protect E.S. from further alienation, the court ordered that E.S. reside primarily with the Respondent, who was granted exclusive decision-making authority, with the Applicant receiving specified parenting time.