C. Hooper

The applicant in a family law proceeding sought a certificate of pending litigation against real property after alleging that the respondent spouse transferred his interest to his parents for nominal consideration to defeat support and related financial claims.

Applying the fraudulent conveyance certificate of pending litigation framework, the court found a high probability of success on the underlying support litigation, sufficient evidence that the impugned transfer was intended to hinder enforcement, and a balance of convenience favouring preservation of the property’s equity.

The court relied on the spouse’s support arrears, lack of other meaningful assets, inconsistent evidence concerning alleged parental debts, and multiple badges of fraud.

The motion was granted and the applicant received $6,000 in costs.

The applicant father and respondent mother contested custody of their three-year-old child.

The mother had previously taken the child to Germany without the father's consent, leading to a Hague Convention order returning the child to Canada.

The mother sought custody and permission to relocate to Germany, while the father sought sole custody in Canada.

The court found that the mother's lingering anger and history of interfering with the father's access posed a significant risk to the child's relationship with the father.

Applying the best interests test, the court awarded sole custody to the father and established an access schedule for the mother, contingent on whether she remained in Canada or returned to Germany.