Frances Wood

The applicant brought a motion for interim spousal support and a non-depletion order regarding the respondent's RRSPs.

The applicant, a flight attendant laid off due to the pandemic, sought support based on an imputed income of $140,000 for the respondent, who had been unemployed since 2016.

The court imputed an income of $90,000 to the respondent due to underemployment and ordered interim spousal support of $562 per month.

The request for a non-depletion order was dismissed as the court found the respondent was living off his assets rather than intentionally depleting them.

A non-party sibling, Sandra Gail Grier, brought a motion for contempt against D.J. Grier and, in the alternative, for disclosure of settlement approval documents in estate litigation involving her siblings D.J. Grier and J.L. Grier, both under disability.

The motion for contempt was dismissed due to improper personal service.

The court granted partial disclosure, ordering D.J. Grier and J.L. Grier to serve Sandra and Garret (Sandra's son) with specific affidavits related to the settlement approval, excluding solicitor-client privileged information, and ordered certain affidavits to be sealed.

Sandra was awarded $1,000 in costs, with the determination of who pays to be made later.

The appellant wife appealed a trial judgment dismissing her claims for equalization of net family property and a beneficial interest in the former matrimonial home.

The parties had separated in 2006, settled all matters through a Minutes of Settlement in 2007, and reconciled at the end of May 2007.

Upon reconciliation, the wife received a disability payment which was deposited into the husband's account and used to pay household bills and mortgage.

The husband later transferred the home to his mother.

The trial judge upheld the validity of the Minutes of Settlement and dismissed the wife's claims.

The appellate court affirmed, finding that the Minutes of Settlement clearly expressed the parties' intention to exclude future property from equalization upon reconciliation, and that the wife failed to establish a resulting trust claim.

David Grier, through his litigation guardian, moved to strike Janet Grier's notice of objection to the passing of accounts, citing her non-compliance with court orders.

Janet, through her litigation guardian, cross-moved for a full accounting of James Grier's estate, arguing that the estate's true value was undetermined.

The court dismissed David's motion to strike, finding it premature given the need for a proper valuation of the estate and Janet's health issues.

The court granted Janet's cross-motion for directions, ordering a strict timetable for disclosure of estate financial information by David.

The applicant sought spousal support and a declaration of an interest in a residential property following the breakdown of her relationship with the respondent.

The court found that the parties were common law spouses who cohabited for over 11 years.

The applicant was awarded non-compensatory spousal support due to her inability to work following a bipolar disorder diagnosis.

The court also found that the respondent was unjustly enriched by the applicant's contributions to the maintenance and preservation of the property, awarding her monetary compensation for her share of the joint family venture.