Benjamin Arkin

Following the dismissal of the applicant's claim for dependent relief and a finding that a foreign divorce decree was valid, the parties made written submissions on costs.

The respondents sought substantial indemnity costs of $84,000, while the applicant argued the estate should bear the costs.

The court rejected the applicant's argument that the estate should pay, noting the litigation was driven solely by the applicant.

The court awarded the respondents partial indemnity costs of $50,000.

The applicant sought a declaration that his 2015 Iranian divorce from his deceased ex-wife was invalid, and claimed dependent relief against her estate.

The deceased and their children were killed in the Flight 752 crash.

The court found the divorce was valid under the common law 'real and substantial connection' test, as both parties were born, raised, married, and operated businesses in Iran.

The applicant's alternative claim for dependent relief was dismissed because he failed to provide supporting evidence and was denied leave to split his case by adducing fresh evidence after cross-examinations.

The applicant sought interim dependants' support of $45,000 under the Succession Law Reform Act, claiming she was the common law spouse of the deceased.

The respondents, the deceased's daughters and family, disputed the relationship, providing conflicting evidence that the deceased did not cohabit with the applicant.

The court dismissed the motion, finding that due to the conflicting affidavit evidence and lack of independent corroboration, the applicant failed to establish a prima facie case or special circumstances justifying interim funding.

The applicant estate trustee sought to recover the estate's interest in a townhouse co-owned by the deceased and the respondent.

The respondent claimed the property by right of survivorship, arguing the joint tenancy was never severed, and brought a cross-application for unjust enrichment regarding beneficiary designations.

The court found that the joint tenancy had been severed by mutual agreement prior to the deceased's death, making them tenants in common.

The respondent's cross-application for unjust enrichment and constructive trust was dismissed, as was the estate's motion for contempt regarding the respondent's delay in signing closing documents.