Naila Waheed

The Applicant sought primary residence of the children and remedies for the Respondent's breaches of previous orders.

The Respondent cross-moved for shared parenting.

The court admitted surreptitiously recorded conversations between the Respondent and the child, finding them highly probative of the child's best interests despite policy against such recordings.

The court found evidence of family violence and the Respondent's lack of respect for court orders and inability to co-parent.

Primary residence was granted to the Applicant, with a specific parenting schedule for the Respondent.

The Respondent was ordered to reimburse the Applicant for vehicle rental costs, lock replacement, and to return the family vehicle.

The Respondent was also ordered to reimburse the joint line of credit for funds improperly withdrawn and interest charges.

The court also ordered mutual questioning and OCL involvement.

The appellant husband appealed a trial judgment in a matrimonial property dispute.

The trial judge found that a declaration of trust and a $300,000 second mortgage were sham documents designed to defeat the respondent wife's interest in the matrimonial condominium.

The trial judge awarded the respondent an equalization payment of $100,500 and rejected an unequal division of property.

The Court of Appeal upheld the trial judge's findings, finding no basis to interfere with the credibility assessments or the detailed reasons for finding the documents to be shams.

The appeal was dismissed with costs awarded to the respondent.