H. Wang

The respondent mother, residing in China with the parties' younger child, sought leave to bring an urgent motion to renew the child's passport without the applicant father's consent to enroll the child in school.

The applicant father did not respond to the motion but had previously indicated a desire to finalize a comprehensive parenting plan.

The court dismissed the motion, finding it was not urgent as contemplated by the Family Law Rules, noting the respondent had been outside Canada since 2017 and had ample time to pursue a resolution of outstanding issues.

The applicant brought a motion for exclusive possession of a home owned by the parties as tenants in common, and for an order permitting her to retrieve personal property.

The parties, who were unmarried, separated in 2018 and the respondent remained in the home.

The court ordered the immediate sale of the home, directing the respondent to vacate the property by April 30, 2020, and established a detailed procedure for listing and selling the property.

The defendant brought a motion for summary judgment to dismiss the plaintiff's action for breach of contract, breach of trust, and unjust enrichment on the basis that it was statute-barred.

The parties were co-owners of a dry cleaning business that was seized by the landlord and sold.

The court found that the plaintiff discovered or ought to have discovered her claim on September 3, 2011, when she learned the business had been sold and she had received no compensation.

Because the action was not commenced until October 31, 2013, more than two years later, the court held the action was statute-barred and granted summary judgment dismissing the claim.