Laura Natalizio

The applicant brought a motion for a Certificate of Pending Litigation (CPL), a preservation order, and expanded financial disclosure in a family law proceeding following a long marriage.

The applicant alleged the respondent unilaterally sold a jointly acquired rental property and transferred funds to purchase a new property in his sole name, while failing to provide adequate financial disclosure.

The court granted the CPL, finding a reasonable claim for a constructive trust, and issued a preservation order under sections 12 and 40 of the Family Law Act to prevent the dissipation of assets.

The court also ordered the respondent to provide detailed financial disclosure, noting his previous non-compliance had frustrated the progress of the case.

The parties signed Minutes of Settlement agreeing to appraise certain properties and to have a mediator arbitrate any equalization issues.

A dispute arose over the appraisal of one property, and the mediator issued an award stating he had the ultimate authority to determine its value, despite the parties not having executed a formal family arbitration agreement.

The husband appealed and applied to set aside the award.

The court held that while the mediator could not proceed without a formal arbitration agreement, his interpretation of his authority under the Minutes of Settlement was reasonable.

Applying the principle of good faith contractual performance, the court ordered the husband to execute the family arbitration agreement.