Grace Mackintosh

The moving party mother sought a stay of an order refusing to stay a Hague Convention return order pending her motion for leave to appeal to the Divisional Court.

The underlying order required the return of the parties' child to California in the custody of the responding party father.

The court dismissed the motion for a stay, finding that the mother failed to establish a serious issue to be determined, as she was unlikely to be granted leave to appeal the interlocutory order.

The court agreed with the lower court's analysis on irreparable harm and the balance of convenience, noting the mother's history of non-compliance with court orders.

The parties separated after a 21-year marriage.

The primary issue was the equalization of the matrimonial home, which the respondent had inherited from her grandparents.

The applicant claimed a 50% ownership interest based on an alleged agreement and unjust enrichment, and sought an unequal division of net family property under s. 5(6) of the Family Law Act due to significant post-separation increases in the property's value.

The court found the respondent was the sole owner but the applicant was entitled to an equalization payment based on the valuation date value.

The court declined to apply s. 5(6), finding the threshold of unconscionability was not met.

The court also awarded the applicant occupation rent for a mobile home on the property, retroactive spousal support, and ordered him to pay child support for one child.

The applicant filed a human rights application alleging that his union and its officials discriminated against him by failing to assist him with grievances against his employer regarding accommodation.

The respondents sought to dismiss the application on the basis that it did not disclose a prima facie case of discrimination.

The Tribunal found that the applicant merely alleged a failure to act by the union, without any factual foundation that the union's conduct was based on discriminatory factors.

The application was dismissed for failing to establish a prima facie case.