2 total
Separation date fixed at December 18, 2019 despite continued co-residence.
This family law trial determined the valuation date for equalization where the spouses continued living under the same roof for years after their relationship deteriorated.
The court applied a holistic and objective analysis of the parties’ routines, vacations, sleeping arrangements, financial practices, family events, tax filings, and declarations to assess when they separated with no reasonable prospect of resuming cohabitation.
The respondent’s evidence supporting a 2014 separation date was rejected on credibility grounds, while the applicant’s evidence established only a temporary separation in 2016-2017 followed by reconciliation.
The court declared the separation date to be December 18, 2019 for purposes of s. 4 of the Family Law Act.
Motion for extensive financial disclosure and preservation order largely dismissed as disproportionate and better suited for trial.
The applicant brought a motion for disclosure and a preservation order in a family law proceeding.
She sought original promissory notes for ink testing, virtual tracing of electronic signatures, proof of interest payments, and tracing of funds related to the respondent's withdrawals from a joint HELOC.
The court adjourned the request for original notes on consent, and dismissed the remaining disclosure requests, finding the respondent had provided answers and the issues were better suited for trial.
The request for a preservation order was dismissed without prejudice as it was outside the scope of the leave granted for the motion and lacked urgency.
