Stephen Maloney

The parties separated after a 13-year marriage.

The respondent failed to provide financial disclosure, resulting in his pleadings being struck except for parenting issues.

In an uncontested trial, the court imputed the respondent's income at $294,420 based on expert evidence of his corporate earnings and personal expenses paid through the business.

The applicant was awarded substantial retroactive and ongoing child and spousal support, exclusive possession of the matrimonial home, occupation rent of $165,000, and an equalization payment of $241,514.24, which included an unequal division for property damage caused by the respondent.

The court also ordered the respondent to obtain a $1.5 million life insurance policy to secure his support obligations and issued a non-depletion order.

The plaintiff tenant sought a declaration and specific performance of an agreement to purchase leased commercial lands from the defendant landlord following a barn collapse and insurance settlement.

The court held that the landlord's long-time property manager had actual or apparent authority to bind the corporation, that an enforceable agreement existed for the sale of the severable six-acre parcel, and that any deficiency under the Statute of Frauds was overcome by part performance.

The court further found the property was sufficiently unique and damages inadequate, particularly given the plaintiff's substantial improvements and the defendant's attempt to renegotiate after receiving the insurance cheque.

Specific performance was granted, the approval authority was directed to accept the severance application without the owner's consent, and the defendant's counterclaim was dismissed.