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Court orders shared parenting, grants father sole decision-making, and resolves complex financial and support issues.
The parties separated after a 12.5-year marriage.
The applicant father sought shared parenting, sole decision-making responsibility, and the sale of the matrimonial home.
The respondent mother sought sole decision-making, exclusive possession of the home, and various financial claims.
The court ordered the immediate sale of the matrimonial home and granted the applicant sole decision-making responsibility due to the respondent's alienating conduct.
The court ordered an equal shared parenting schedule.
The court also resolved complex financial issues, including equalization of net family properties, post-separation adjustments, occupation rent, and retrospective and prospective child and spousal support.
The applicant was ordered to pay a net amount of $3,100 to the respondent after offsetting all financial claims.
Cross-motions in high-conflict family dispute result in specific asset preservation and strict deadlines for matrimonial home sale.
In a high-conflict family law proceeding, both parties brought motions for various interim relief.
The mother sought to vary an interim access order, compel the father to undergo a medical examination for alcoholism, and obtain a restraining order.
The father sought to amend his application to claim partition and sale of the matrimonial home, an immediate order for its sale, and occupation rent.
The court dismissed the mother's requests to vary access and compel a medical exam due to insufficient evidence, but ordered the parties to communicate via a co-parenting app.
The court granted the father leave to amend his application to claim partition and sale, but adjourned the motion for sale to allow the mother time to determine if she could purchase his interest.
The court also made orders regarding life insurance, preservation of specific assets, and ongoing expenses.
Successful defendants received restrained partial indemnity costs after the action was struck and dismissed.
This was a costs endorsement following the dismissal of cross-motions, the striking of an amended statement of claim without leave to amend, and dismissal of the action.
The court held that the successful moving defendants were entitled to costs and that separate costs could be claimed for counsel representing the trustee services interests because that representation was distinct and necessary.
Applying the normal rule that costs follow the event, and considering the factors under s. 131 of the Courts of Justice Act and Rule 57.01, the court rejected the unsuccessful plaintiffs' claim for their own costs.
Although the defendants sought substantially more, the court exercised restraint and fixed partial indemnity costs at $20,000, with differentiated payment responsibility between all plaintiffs and one plaintiff individually.
Court strikes rambling claim against legal regulator as vexatious and legally untenable.
The moving defendants sought to strike the amended statement of claim under Rules 21.01 and 25.06 of the Rules of Civil Procedure.
The plaintiffs alleged numerous causes of action arising from disciplinary proceedings and a trusteeship order involving the professional practice of a lawyer and sought extensive damages against the regulator, its employees, and media defendants.
The court held the pleading was rambling, vexatious, and failed to disclose reasonable causes of action.
Claims including defamation, malicious prosecution, and derivative Family Law Act damages were inadequately pleaded or legally barred.
The court further found the claims constituted an impermissible collateral attack on prior disciplinary and court decisions and were barred by statutory immunity under the Law Society Act.