Celeste Van Ameringen

This decision concerns a high-conflict family law re-trial regarding the relocation of a five-year-old child from Toronto to Ireland, decision-making responsibility, and parenting time.

The court found a long-standing pattern of coercive and controlling behaviour by the Respondent, Aamir Saleem Shipton, toward the Applicant, Kathleen Marie Shipton, including family violence, financial control, and isolation.

The court permitted the relocation to Ireland, granted the Applicant sole decision-making authority, and set out a detailed parenting schedule to ensure the child maintains a relationship with both parents and her multicultural heritage.

The decision applies a blended best interests analysis, referencing recent appellate and Supreme Court guidance on relocation, family violence, and the importance of stability and parental well-being.

The Court of Appeal for Ontario dismissed both the main appeal and cross-appeal in a dispute over the beneficial ownership and occupation of a house acquired during a brief marriage.

The court upheld the application judge’s finding that Ms. Qu was the 100% beneficial owner of the house by way of resulting trust, rejecting Mr. Zhang’s arguments regarding the presumption of joint tenancy and the sufficiency of evidence.

The court also upheld the award of occupation rent to Ms. Qu and declined to order additional security for potential future repairs, finding no error in the application judge’s approach or findings.

The applicant husband and respondent wife separated after a 17-year marriage.

The applicant brought a family law application to resolve complex financial issues, including the equalization of properties and businesses in Canada, Bangladesh, and Australia.

The court first held that an unsigned separation agreement was unenforceable under s. 55(1) of the Family Law Act.

The court determined the beneficial ownership and valuation of various assets, including the matrimonial home, foreign properties, and business debts, ultimately finding that both parties had negative net family properties, resulting in no equalization payment.

The court imputed the applicant's income at $130,000 and ordered him to pay ongoing and retroactive child support.

Furthermore, the court found the applicant liable for the torts of battery, assault, and intentional infliction of emotional distress due to a prolonged pattern of intimate partner violence, awarding the respondent $175,000 in compensatory and aggravated damages, plus $25,000 in punitive damages.