G. Marchak

The respondent brought a motion to dismiss the family law application for lack of jurisdiction, asserting that matrimonial issues were being litigated in Indian courts.

The respondent also sought to vary or set aside a restraint order on his Canadian assets, requesting either full release or access to $100,000 for living expenses.

The court dismissed the motion, finding that the application could not be dismissed as issues remained within the court's jurisdiction, including division of Canadian assets and enforcement of interim child support.

The restraint order was maintained due to insufficient evidence regarding the respondent's need for funds and his failure to disclose Indian assets as ordered.

The plaintiff brought a motion for the interim preservation of a 1963 Pontiac Parisienne, alleging he purchased it from the defendant who subsequently resiled from the agreement.

The defendant sought an adjournment to challenge the court's jurisdiction, as the sale occurred in Illinois.

The court granted an interim interim preservation order, finding a serious issue to be tried and that the balance of convenience favoured preserving the unique vintage vehicle.

The order was made without prejudice to the defendant's right to bring a jurisdictional motion, and the plaintiff was required to pay the balance of the purchase price into court.