Steve Z. Ranot

In this family law trial, the court determined issues of property ownership, equalization, and support following a 16-year marriage.

The court found that the shares of a lucrative cellular phone business were held in a bare trust equally for the applicant and respondent, but ascribed zero value to the business for equalization due to unreliable financial records.

The court ordered an equalization payment of $291,820.05 to the applicant, dismissed both parties' claims for unequal division and damages, and ordered the respondent to pay $700,000 in retroactive child and spousal support based on an imputed historical income of $2,000,000.

The appellant sought to appeal an interlocutory arbitration endorsement award that denied some of her expert's requests for financial disclosure.

The respondent argued the court lacked jurisdiction to hear the appeal.

The court agreed with the respondent, finding that the arbitral award was procedural and interlocutory in nature.

Relying on established case law, the court held that it has no jurisdiction to intervene in interlocutory arbitration awards and dismissed the appeal.

The parties separated after a 10.5-year relationship.

The respondent, a high-earning cardiac surgeon, continued to deposit his income into a joint account managed by the applicant for seven years post-separation.

In 2008, the parties signed a separation agreement providing the applicant with $29,000 per month in indefinite spousal support.

The respondent sought to set aside the agreement and claim damages for breach of fiduciary duty regarding the applicant's use of the joint funds.

The court dismissed the fiduciary duty claim, finding no such duty existed between the spouses in these circumstances.

While the court upheld the separation agreement as valid under the Family Law Act, it applied the Miglin framework to override the spousal support provisions under the Divorce Act.

The court found the support quantum was based on significant tax defalcation and far exceeded the applicant's entitlement.

Spousal support was terminated after a short transition period.