Georgina Lee Carson

The applicant sought various orders, including a declaration that the respondent was in breach of a prior disclosure order, imposition of sanctions, a civil restraining order, interim disbursements, an advance on equalization, and life insurance designation.

The court found the respondent in willful breach of the disclosure order for failing to provide a business valuation and income analysis.

As a sanction, the respondent was ordered to make significant payments to the applicant.

The requests for a restraining order and advance payments were dismissed without prejudice due to conflicting evidence and insufficient information, respectively.

The life insurance designation request was adjourned.

In a family law dispute involving international connections, the respondent husband moved to stay the Ontario proceeding and transfer jurisdiction to France, arguing that the parties were French nationals, had signed a marriage contract referencing French law, and that a divorce proceeding had already commenced in France.

The court held that a prior consent order declaring Ontario to be the appropriate jurisdiction operated as res judicata and was not temporary.

The husband’s attempt to revisit jurisdiction was rejected, particularly in light of his repeated breaches of court orders and failures to provide disclosure.

The court dismissed the jurisdiction motion, ordered that the French proceeding be withdrawn, and directed that proceeds from the sale of the matrimonial home be placed in trust due to concerns about the husband’s non-compliance with prior orders.