James E. Dean

The applicant sought an interim non-depletion order regarding an art collection, alleging a joint family venture and unjust enrichment.

The court found that section 40 of the Family Law Act did not apply because there was no evidence that depletion would impair the spousal support claim.

The court also considered whether a Mareva injunction or an interim preservation order under the Rules of Civil Procedure was appropriate, but dismissed the motion without prejudice because the applicant failed to provide sufficient evidence regarding the particulars of the art collection, proprietary claims, and risk of depletion.

The moving party father brought a motion for an interim order to vary a final order, seeking expanded and unsupervised access to his five-year-old child.

The responding party mother opposed the motion, citing concerns about the father's past behaviour and fears of abduction to the United States or Nigeria.

The court found a material change in circumstances, noting the child's age and the successful completion of supervised visits.

The court granted graduated unsupervised access to take place in London, Ontario, but declined to allow the child to travel to the United States at this time.