The applicant husband sought an order to cancel a Designation of Matrimonial Home registered by the respondent wife on a Toronto condominium solely owned by him.
The parties permanently resided in Iran during their marriage and only visited Canada as tourists, staying in temporary rentals rather than the subject property.
The court found that the property was an investment property rented to third-party tenants and was never occupied by the parties as their family residence.
Accordingly, the court declared the property was not a matrimonial home under the Family Law Act and cancelled the designation.
