Cheryl S. Williams

The applicant sought the release of her 50% interest in the net proceeds from the sale of the jointly owned matrimonial home.

The respondent initially did not oppose this motion but attempted to bring an improper cross-motion for the release of his own share, which was rejected by the court filing office.

The court granted the applicant's motion, finding it unopposed and properly before the court, while dismissing the respondent's attempt to proceed with his non-compliant cross-motion.

The court also awarded costs to the applicant due to the respondent's unreasonable and obstructionist behaviour.

The applicant wife brought a Form 14B motion to strike paragraphs of the respondent husband's Answer and to seal the motion materials.

The court found the motion was properly brought under Rule 14(10).

The court struck the impugned paragraphs of the Answer, finding them to be irrelevant, inflammatory, and a waste of time, seemingly included to embarrass the applicant.

The request for a sealing order was dismissed without prejudice as the applicant failed to provide legal support for the request.

The applicant wife sought extensive financial disclosure and questioning of the respondent husband's father, Marcel Aitoro (a non-party), regarding several companies and properties.

The wife alleged significant intertwining of business and personal financial affairs between the husband and Marcel, suggesting assets were being shielded and income diverted.

Marcel and the husband opposed, citing privacy and proportionality.

The court dismissed a preliminary objection by the husband regarding the wife's affidavit.

Applying Family Law Rules 19(11) and 20(5), and considering the importance of disclosure in family law, the court ordered Marcel to provide specific financial disclosure related to FSC (a company with intertwined business activities with the husband), redacted ledgers from Assissi (Marcel's holding company) concerning realty and husband's expenses, and redacted credit card statements used by the husband.

Questioning of Marcel was reserved pending compliance with the disclosure order.