Inesa Buchyn

This focused trial addressed the beneficial ownership of a condominium property for the purpose of calculating Net Family Property in a divorce proceeding.

The Applicant Husband argued the Respondent Wife was the sole beneficial owner, while the Respondent Wife contended her mother (Roya Souzankari) was the sole beneficial owner via a purchase money resulting trust.

The court found that the mother held a 64% beneficial interest and the wife held a 36% beneficial interest, based on their respective financial contributions to the property's acquisition, including initial deposits and subsequent mortgage principal payments.

The court dismissed both parties' extreme positions and provided a methodology for valuing the wife's interest at the date of marriage and separation.

The applicant father brought a motion seeking a temporary order for primary residency of the child, a change in school, disallowing the mother from school pick-ups, a 12-panel hair follicle drug test for the mother, and suspension of the mother's parenting time, along with child support adjustments.

The court found a material change in circumstances due to the mother's unexplained absence from the child's life for approximately eight months following the signing of Minutes of Settlement.

The court granted the father primary residency and ordered drug testing for the mother, structuring a slow reintegration of her parenting time contingent on clean urine tests.

The request to change the child's school was denied at this stage, and child support obligations were adjusted, with the mother ordered to pay support to the father.