S. Samra

The Applicant husband brought a motion for exclusive possession of the matrimonial home and to sever the divorce from corollary relief.

The Respondent wife sought exclusive possession of her bedroom and a schedule for common areas.

The parties lived in the home with the husband's parents, who were added as respondents.

Both parties alleged abusive and harassing conduct by the other.

The court found insufficient evidence of violence or safety concerns to justify excluding either party from the home, noting that orders for exclusive possession should not be made lightly on contested affidavit evidence.

The court also declined to sever the divorce, as doing so could prejudice the wife's trust claim to the property.

Both motions were dismissed with no costs awarded.

The applicant mother brought a motion seeking leave to obtain a passport for the parties' young child and to travel to India for six to eight weeks.

The respondent father opposed the motion, citing concerns that the mother would not return to Canada.

The court dismissed the travel and passport requests, noting the mother's tenuous connection to Canada, the lack of a specific travel plan, and the fact that India is not a signatory to the Hague Convention.

The court also severed the divorce from corollary relief and adjourned the issue of financial disclosure.

The applicant father brought a motion to change a 2015 order, seeking shared transportation for access and other variations.

The respondent mother sought to impute the father's income at $50,000 for child support purposes.

The court found the father was not intentionally underemployed and set his income at $32,000 based on his current full-time employment.

The court dismissed the father's request for shared transportation, finding no material change in circumstances regarding the mother's relocation.