Piccoli

The mother sought to relocate with the parties' 8-year-old child to North Bay, which the father opposed.

The mother also sought sole decision-making responsibility, while the father sought joint decision-making.

Following a 7-day trial, the court dismissed the mother's request to relocate the child, finding it was not in the child's best interests to move away from his father and extended family in the Kitchener-Waterloo region.

The court ordered joint decision-making responsibility, finding the parties had a history of effective communication prior to the relocation dispute.

The court also imputed an income of $50,000 to the mother for child support purposes, finding she was intentionally underemployed by choosing to be a stay-at-home parent.

The parties brought competing motions regarding the jointly owned matrimonial home.

The father sought exclusive possession, while the mother, who resided in the home with the children, sought partition and sale.

The court dismissed the father's claim for exclusive possession, finding no basis for it.

The court granted the mother's request for partition and sale, noting the prima facie right to sale, the unsustainable carrying costs, and the lack of prejudice to the father.

The court also ordered that the mother receive 50% of the net proceeds of the sale immediately, with the remainder held in trust.

The applicant brought a motion for the immediate partition and sale of a home jointly owned by the unmarried parties, and requested that the proceeds be held in trust pending trial.

The respondent opposed an immediate sale, seeking to delay closing until the end of the school year and requesting an immediate 50% disbursement of the proceeds.

The court found that the respondent failed to establish sufficient reason to refuse the sale, noting the applicant's unsustainable carrying costs.

The court ordered the property to be listed for sale with a closing date no sooner than January 31, 2023, and directed that $150,000 be disbursed to each party from the net proceeds, with the remainder paid into court.

The parties separated after a 16-year marriage.

Most parenting issues were resolved prior to or during the trial.

The remaining issues for the court were the equalization of net family property and who should hold the children's passports.

The court ordered the applicant mother to hold the passports for the two children in her primary care, and the respondent father to hold the passport for their special needs child.

On equalization, the court found the applicant did not own a plot of land or a school in Pakistan, and that the wedding jewellery was jointly owned.

The respondent was ordered to pay an equalization payment of $63,981.73.