Malcolm Graham

This decision resolves a family law trial between Louris Korie and Henri Korie, addressing property division, support, unjust enrichment, a restraining order, and costs.

The court orders the equalization payment to be made by pension rollover, dismisses the unjust enrichment and restraining order claims, and sets the commencement of support to the month after the sale of the matrimonial home.

Costs are divided, with the applicant ordered to pay $4,000 to the respondent.

Following a motion where the respondent father successfully obtained an order for spousal support and the sale of the matrimonial home, both parties sought costs.

The court found the father was overwhelmingly successful on the most important issues and acted reasonably, whereas the mother pursued unreasonable legal positions despite her claims of an inability to pay.

The mother was ordered to pay costs of $7,700 to the father, subject to a set-off for any previous costs owed by the father.

The respondent father brought a motion for interim spousal support following the breakdown of a 30-year marriage.

The father had been out of the workforce since 2011 and was entirely financially dependent on the applicant mother.

The mother opposed the motion and brought a cross-motion to impute income to the father for child support.

The court found the father established entitlement to spousal support on both compensatory and non-compensatory grounds.

The court declined to impute income to the father at the interim stage, noting his lack of employment history over the past decade.

The mother was ordered to pay interim spousal support of $2,800 per month, and her cross-motion for child support was dismissed.