Mark Edward Kowalsky

The plaintiff, Denise Asselin-Kowalsky, brought a motion for an interlocutory worldwide Mareva injunction against the defendants, Mark Kowalsky and Catherine Kowalsky, to prevent them from dissipating assets.

The court granted the injunction, finding that the plaintiff had made full and frank disclosure, established a strong prima facie case, demonstrated that the defendants possessed assets within the jurisdiction, and showed a real risk of those assets being removed or disposed of.

The plaintiff also provided an undertaking as to damages.

The court also addressed costs, finding the plaintiff entitled to costs on a partial indemnity basis.

This family law trial addressed a mother's request to relocate with her child, custody arrangements, and child and spousal support.

The court denied the mother's request to move the child's residence more than 100 km from the father, finding it not in the child's best interests due to significant health challenges and the impact on the child's relationship with the father and extended family.

The mother was granted sole custody, with a detailed parenting schedule for the father.

The court ordered the father to pay child support arrears and ongoing support, but dismissed the mother's claim for spousal support, concluding that the parties' relationship, despite having a child, lacked the economic interdependency required for cohabitation under the Family Law Act.

The court also expressed concerns about the Children's Aid Society's investigation process and the tactical use of its involvement by both parents.