Sabrina J. Herscovitch

The respondent brought a motion for summary judgment to dismiss the applicant's claims for retroactive child support, equalization of net family property, and a resulting trust over her pension.

The court dismissed the claim for retroactive child support because the adult child was no longer a student and therefore not a 'child of the marriage' when the application was commenced.

The equalization claim was dismissed because it was a claim provable in bankruptcy and was extinguished when the respondent was discharged from bankruptcy.

The resulting trust claim was dismissed for lack of factual foundation.

The applicant's claim for a divorce order was permitted to proceed.

The defendants brought a motion for summary judgment to dismiss the plaintiff's claims of misrepresentation and breach of the Consumer Protection Act arising from a vehicle purchase and credit rebuilding program.

The plaintiff brought a cross-motion for leave to amend her statement of claim to include admissions made by the corporate defendant in a related OMVIC proceeding.

The court granted the plaintiff leave to amend the pleading, finding no non-compensable prejudice to the defendants.

The court dismissed the defendants' motion for summary judgment, concluding that genuine issues for trial existed regarding the alleged misrepresentations and statutory violations that could not be resolved on the documentary record alone.