Lori Dubin

The respondent father brought a motion seeking primary residence of the children, exclusive possession of the matrimonial home, and other relief prior to a case conference.

He alleged urgency based on the condition of the home and the mother's employment at a nursing home during the COVID-19 pandemic.

The court dismissed the motion, finding that the evidence did not establish urgency or undue hardship under Rule 14(4.2) of the Family Law Rules.

The mother was awarded costs of $3,000.

The applicant, facing extradition to the United States for an $8.8 million fraud, applied for judicial interim release.

He was already on bail for domestic charges involving $200,000.

The court found that the proposed sureties and financial pledges were insufficient given the magnitude of the U.S. charges, the applicant's sale of his Canadian home, his ownership of property in Nigeria, and the nature of the charges which included identity theft and association with passport forgers.

The application was denied without prejudice to re-apply with stricter conditions and more substantial financial terms.