Malte von Anrep QC

The parties lived together for 14 years.

The applicant sought spousal support and a constructive trust in the respondent's business and residence.

The respondent moved for partial summary judgment dismissing the business claim based on a release the applicant signed when her employment with the business was terminated.

The applicant moved for an advance of $50,000 for litigation expenses under Rule 24(12).

The court dismissed the summary judgment motion, finding the release pertained to employment and credibility issues required a trial.

The court granted the applicant's motion for interim disbursements, ordering a $50,000 advance from funds held in trust to level the playing field and allow her to retain an accountant.

The plaintiff brought an action to invalidate her late mother's 2007 will, which left the entire estate to the defendant, her brother.

The plaintiff alleged the will was the product of undue influence.

The court reviewed the history of the mother's changing wills and powers of attorney, the strained relationship between the plaintiff and the mother, and the mother's diminished capacity.

The court found that while there were suspicious circumstances, the mother had her own reasons to disinherit the plaintiff and retained a strong will.

The court concluded the 2007 will was the product of the mother's own volition and dismissed the action.

Following a long marriage, the respondent sought equalization and spousal support after separation.

The court considered whether the applicant’s interest in a large family trust formed part of net family property under the Family Law Act.

It held that the applicant had no present or contingent proprietary interest in the trust during the marriage and therefore its value was excluded from equalization.

However, the court found the applicant had substantial means and imputed income based on available corporate resources and earning capacity.

Significant spousal support was ordered to reflect the marital standard of living and the respondent’s economic disadvantage following the marriage.