Paul Slan

The applicant brought a motion within a family law application for equalization of net family property, seeking the partition and sale of a jointly owned property and the vesting of the respondent's corporate shares in her name.

The applicant argued these orders were necessary to preserve her entitlement to an equalization payment due to the respondent's depletion of assets and failure to provide financial disclosure.

The court dismissed the motion, finding that a sale would cause undue hardship to the respondent, who suffered from severe alcoholism, and that the applicant failed to demonstrate the necessity of the orders to secure her claim.

A non-depletion order was issued against the respondent.

The applicant brought a motion for temporary spousal support and the release of funds held in trust from the sale of the matrimonial home.

The respondent opposed, relying on an Iranian marriage contract and seeking to freeze the funds as security for an equalization payment.

The court dismissed the motion for temporary spousal support, finding that while the applicant established entitlement, his financial stress would be alleviated by the release of the home proceeds.

The court ordered the equal division and release of the $480,000 held in trust, rejecting the respondent's attempt to freeze the funds under section 12 of the Family Law Act.

A separated father sought an order that the child reside primarily with him after the mother relocated from Toronto to Sutton without prior discussion, contrary to the cooperative expectations in a joint parenting arrangement under a separation agreement.

The agreement required both parties to reside within the "GTA" but did not define that term.

Applying the mobility analysis from Gordon v. Goertz as modified in Berry v. Berry for cases involving two custodial parents, the court assessed the child’s best interests, including the existing parenting arrangement, maximizing contact with both parents, and potential disruption to the child.

Although the court criticized the mother’s failure to communicate the relocation decision, it concluded that parental conduct did not demonstrate an inability to meet the child’s needs.

Considering continuity of care and the impending transition to school, the court determined that the child’s best interests slightly favoured residing primarily with the mother in Sutton with expanded parenting time for the father.