Daniella Wald

The parties separated after a 17-year marriage.

The husband's father brought an action to enforce an $800,000 mortgage registered against the matrimonial home, which was consolidated with the family law proceedings.

The court found the mortgage was a sham designed to protect the husband's equity and dismissed the father's claim against the wife.

In the family law action, the court determined the date of separation, valued the husband's corporate interests, and found the husband had manipulated his business affairs to defeat the wife's claims.

The court imputed an annual income of $300,000 to the husband based on his lifestyle and corporate benefits, and ordered him to pay an equalization payment of $489,354, retroactive support of $196,462, and ongoing spousal support of $7,000 per month (or a lump sum of $585,000).

In a high-conflict family proceeding scheduled for trial within months, the father sought an interim order permitting him to change the children's long-standing private school to public schools closer to his residence.

The mother opposed the motion, emphasizing the stability of the existing school arrangement and the pending trial addressing custody and related issues.

The court considered the importance of maintaining the status quo in interim parenting disputes and the risk of effectively predetermining custody-related issues before trial.

Given the imminent trial and the absence of compelling evidence that a change was required in the children's best interests, the court declined to alter the established schooling arrangement.

The appellant father appealed an order under the Hague Convention requiring the return of his 13-year-old daughter to Mexico.

The child had previously been granted Convention refugee status in Canada based on abuse by the respondent mother.

The Court of Appeal allowed the appeal, finding no conflict between the Hague Convention and the principle of non-refoulement in the Immigration and Refugee Protection Act.

The court held that a refugee child's s. 7 Charter rights are engaged in a Hague application, requiring a risk assessment and procedural fairness, including notice and an opportunity to be heard.

A new hearing was ordered.

The mother brought an application under the Hague Convention for the return of her 13-year-old child to Mexico.

The child had previously made a successful refugee claim in Canada based on allegations of abuse by the mother.

The motion judge ordered the child's return.

The father appealed.

The Court of Appeal allowed the appeal, finding that the motion judge erred by failing to conduct a meaningful risk assessment regarding the return of a recognized refugee.

The court set aside the return order and directed a new hearing.