2 total
Husband declared beneficial owner of family corporate empire; marriage contract set aside due to abandonment.
The applicant husband and respondent wife built a real estate corporate empire during their marriage.
Following their separation, the wife claimed her mother beneficially owned the subject corporations and relied on a 2007 marriage contract to exclude the assets from net family property.
The court found the husband was the beneficial owner of four of the corporations and a 50% owner of the fifth, determining the mother was merely a nominee.
The court also set aside the marriage contract, finding the parties had abandoned it by mutual agreement in 2008.
The wife's post-separation actions to seize control of the corporations were found to be oppressive under the Business Corporations Act.
The court ordered interim child and spousal support based on the respondent's historical investment returns and appointed an available section 30 assessor to avoid delay.
The applicant sought interim child and spousal support, and the respondent brought a cross-motion for parenting orders.
The court previously granted the applicant exclusive possession of the matrimonial home and a temporary shared parenting schedule.
This endorsement addresses the remaining support issues, the respondent's income for support purposes, and the selection of a s. 30 assessor.
The court determined the respondent's income for support purposes based on his investment portfolio's net equity and historical rate of return.
Interim set-off child support and mid-range spousal support were ordered, with the applicant taking over matrimonial home expenses.
The court also ordered Dr. Morris to conduct the s. 30 assessment due to Dr. Polak's unavailability.
Procedural orders for document production, questioning, and a settlement conference were made on consent.
