M. Maleki

The parties entered into Minutes of Settlement to resolve multi-jurisdictional family litigation by consolidating their dispute into an alternative dispute resolution process in Ontario.

The day after signing, the moving party was served with a new defamation proceeding commenced by the responding party in Iran.

The moving party sought to set aside the Minutes of Settlement, arguing the new proceeding was a fundamental breach.

The court found that the responding party's failure to disclose and withdraw the defamation claim constituted a fundamental breach of an implied term to end all related litigation.

The court allowed the motion, set aside the Minutes of Settlement, but declined to award damages or address jurisdiction.

The respondent brought a motion for the release of the net proceeds of sale of two jointly owned properties.

The applicant opposed the full release, seeking to have a portion held in trust to secure her equalization claim, and brought a cross-motion for the partition and sale of a third property.

The court ordered a partial release of the proceeds, holding $778,000 in trust to secure the applicant's equalization claim, finding she had established a strong claim and a risk of dissipation.

The court also granted the cross-motion for the partition and sale of the third property, finding no compelling reason to delay the sale until trial.