S. Kirby

The parties separated after a 16-year marriage.

The wife sought a resulting trust interest or unequal division of the husband's investment portfolio, which had grown significantly post-separation.

The court dismissed the trust and unequal division claims, finding the equalization of net family property regime applied.

Both parties were found to be intentionally under-employed, and incomes were imputed to both for support purposes.

The husband was ordered to pay an equalization payment, retroactive child support, and retroactive and ongoing spousal support.

The respondent father brought a motion under Rule 1(8) of the Family Law Rules, alleging the applicant mother breached various custody and access orders and seeking an order for reunification therapy with their 17-year-old son.

The mother brought a cross-motion to dismiss.

The court applied the three-part test for relief under Rule 1(8) and found no breach by the mother on a balance of probabilities.

The court further held that even if a breach had occurred, it would not order reunification therapy given the child's age, his resistance to the process, and the risk of negatively impacting his relationship with the father.

The father's motion was dismissed.