Heng Du

The parties, who separated in 2010, disputed the use of a jointly subscribed RESP to fund their daughter's university education.

The applicant father sought to split the RESP based on relative contributions, while the respondent mother sought sole carriage of the RESP to fund the education without providing further financial disclosure.

The court found it lacked authority to split the RESP.

Applying the three certainties of trust, the court held that the separation agreement created an express trust over the RESP for the children's education.

Given the high-conflict nature of the case, the court granted the mother sole authority to disburse the RESP funds for post-secondary expenses.

The plaintiff brought a motion for summary judgment in a defamation action regarding dozens of false and malicious statements posted by the defendant on WeChat.

The defendant, who was self-represented, failed to provide any evidence to support the defences of justification, fair comment, or qualified privilege.

The court found the statements were defamatory, published, and made with malice.

The court granted summary judgment, awarding the plaintiff $35,000 in general damages, a permanent injunction, and full indemnity costs.