Nadine Saba

The applicant wife brought an urgent without-notice motion for a restraining order under s. 46 of the Family Law Act against the respondent husband, who had been accused of running a Ponzi-type scheme and whose conduct since separation included a barrage of threatening emails and text messages demanding money.

The court found that while the applicant subjectively feared for her safety, the evidence did not objectively establish reasonable grounds to conclude her safety was at risk, and declined to grant the restraining order.

However, the court granted a non-contact order under s. 47.1 of the FLA, prohibiting the respondent from contacting the applicant except through counsel and from coming within 200 metres of the former matrimonial home, the applicant's workplace, and her mother's home, for a period of 14 days.

The applicant, Seyedali Salar, sought an order for the sale of the matrimonial home and exclusive possession in the interim.

The respondent, Mahnaz Salari, did not object to the sale but requested $2 million to purchase a new home, interim spousal support, and exclusive possession.

The court found that spousal support was not properly before it on this motion and granted the applicant’s motion in part, allowing the sale of the home, granting exclusive possession to the applicant in 45 days, and ordering that the proceeds be held in trust.

The respondent was awarded a $30,000 uncharacterized payment.

The decision reviews the relevant provisions of the Family Law Act and the Family Law Rules, and applies recent case law on the sale and possession of matrimonial homes.

The Applicant sought to continue a preservation order against the Respondent's property sale proceeds and for interim disbursements.

The Respondent sought to lift the preservation order.

The court continued the preservation order under section 40 of the Family Law Act, finding a risk of dissipation and potential irreparable harm to the Applicant's spousal support claim.

However, the Applicant's request for interim disbursements was dismissed, as she was not found to be impecunious and the requested expenses were deemed premature.

The Applicant brought a motion seeking temporary spousal and child support, retroactive support, interim disbursements, and insurance orders.

The Respondent sought lower spousal support and dismissal of the Applicant's other claims.

The court imputed an annual income of $30,000 to the Applicant and, for support purposes, excluded the Respondent's RRSP withdrawals from his income.

The court determined interim spousal and child support amounts, found two of the three adult children remained children of the marriage for support purposes, and ordered equal contribution to section 7 expenses after RESP exhaustion.

The Applicant's claims for retroactive support, interim disbursements, and insurance were dismissed.