Dr. Pushpa Kanagaratnam

The parties separated after an 11-year marriage with four children.

The applicant sought sole custody, spousal support, and occupation rent, while the respondent sought joint custody and primary residence.

The case involved high conflict, with the applicant making numerous unfounded reports of child abuse to the police and CAS.

The court relied on an OCL assessment, finding that the applicant was traumatized by the respondent's controlling behaviour during the marriage.

The court awarded sole custody to the applicant, finding joint custody unworkable due to the power imbalance and conflict.

The applicant was found entitled to compensatory spousal support and occupation rent for the period the respondent lived in the jointly owned matrimonial home.

The applicant husband sought an immediate sale of the matrimonial home, arguing his current accommodation was inadequate and his equity was being eroded.

The respondent wife opposed the sale, seeking to buy out the husband's interest after determination of equalization and child support.

The court found the motion for immediate sale premature, as the applicant had not pleaded the Partition Act, which is the primary basis for such an order outside specific Family Law Act circumstances.

The court also considered the children's best interests and the financial positions of the spouses, noting significant financial disclosure issues and conflicting property valuations.

The motion was adjourned, with orders for the applicant to amend pleadings, for both parties to provide full financial disclosure, for a joint property valuation, and for the applicant to pay temporary and retroactive child support.

The applicant mother brought a motion to vary a temporary custody and access order to allow the children to transfer to schools near her residence, based on the recommendations of an Office of the Children's Lawyer (OCL) clinical investigation report.

The respondent father opposed the motion and brought a cross-motion for various relief, arguing the OCL report should be tested at trial.

The court found that the completion of the OCL report and the father's undermining behaviour constituted a material change in circumstances.

Finding exceptional circumstances that required immediate action in the children's best interests, the court granted the mother's motion, ordered the school transfer, and adjusted the father's access schedule accordingly.