Hannah Lank

The parties separated but continued to reside in the matrimonial home with their two children, sharing parenting time equally.

Following the sale of the matrimonial home, the mother brought an interim motion to relocate with the children from mid-town Toronto to Thornhill, citing housing affordability.

The court found the proposed move constituted a relocation under the Divorce Act, as it would significantly impact the father's relationship with the children by eliminating overnight visits and increasing travel time.

Applying the principles for temporary relocation, the court concluded the mother failed to demonstrate compelling circumstances to justify the move on an interim basis, noting comparable housing was available in Toronto.

The motion was dismissed as the relocation was not in the children's best interests.

This decision addresses parenting time, joint decision-making, family violence, and property issues between Chevdet Alievski and Xhensila Alievski.

The court found that both parties are capable parents but that the mother was subjected to controlling and emotionally abusive behaviour during the marriage.

The court ordered joint decision-making, with the mother having the final say in the event of an impasse (except where a professional is involved), and implemented a 2-2-5-5 shared parenting schedule.

The court also addressed property division, including the treatment of a joint account and a $40,000 exclusion, and declined to award prejudgment interest.

The applicant sought an order for the sale of the jointly owned matrimonial home under the Partition Act and Family Law Act due to significant mortgage and property tax arrears, and a civil action initiated by the bank.

The respondent opposed the sale, arguing it was premature and would prejudice her family law claims, including spousal support and equalization.

The court ordered the immediate sale of the matrimonial home, finding the sale inevitable given the financial circumstances and the bank's actions, and that delaying it would cause further hardship.

The court also set terms for the sale process.