Vince Di Vito

The applicant wife brought a motion seeking to amend her application to claim a Certificate of Pending Litigation (CPL) against the former matrimonial home and to add the husband's sister as a respondent.

The wife alleged two fraudulent conveyances: first, the husband secretly purchased the matrimonial home through a corporation he owned, and second, he transferred the property from the corporation to his sister without consideration.

The court granted the CPL and added the sister as a party, finding a high probability of the wife succeeding on her claims for an unequal division of net family property and support.

The court emphasized the husband's surreptitious conduct, non-disclosure, and lack of assets as factors favoring the CPL, and ordered the husband to pay costs.

The appellant sought to overturn a trial decision regarding pension division, arguing the trial judge misinterpreted a separation agreement by awarding a current pension value instead of a fixed amount.

The Court of Appeal dismissed the appeal, finding the trial judge's interpretation reasonable and consistent with the parties' objective intention for a pro-rata share of the pension's actual present value, and rejected the appellant's attempt to introduce fresh evidence as an abuse of process.