In Chaudry, the Superior Court conducted a thorough review of the conflicting interests at play, where one party requests the interim sale of the home. This case also focused on setting aside an administrative order for dismissal, however, this analysis focused on the sale of the home, as that is a common issue that arises [...]

Under what circumstances, if any, does a spouse “own” on the date of marriage an entitlement to a severance payment that he or she later receives? BACKGROUND The parties were married in 1998 and separated in 2007. Prior to separation, the husband was terminated from his employment and was paid 18 months’ salary in lieu [...]

The equalization of net family property is one of the most contentious issues involved in matrimonial disputes. One of the factors that contribute to such contention is determining when and how to value certain assets. Pensions are a good example of an asset that can be difficult to deal with when determining equalization. Often, when [...]

When a couple makes the decision to separate, one of the primary considerations involves deciding who will continue to reside in the matrimonial home. Some parties choose to reside in the home together, notwithstanding their separation, and pending the resolution of their matrimonial matter. However, conflict may very well arise, to the extent where continued [...]

This is an important case for the Islamic community in Ontario as it deals with the question of whether or not parties married under Sharia law have a valid marriage. Background In 2002, in Ontario, the parties were married in an Islamic religious ceremony, but they did not obtain a provincial marriage license. They lived [...]

In the case Symmons v. Symmons, the Ontario Court of Appeal decided an appeal from the wife who appealed an order requiring her to pay her husband an equalization payment of $117,514.00 and costs of $25,000.00. The Court in the end dismissed her appeal. Background & Trial Court The parties cohabitated for 5 ½ years [...]

BACKGROUND In 1993, the respondent’s mother, Linda Spencer, purchased the property in question and executed a Trust Agreement establishing a family realty trust. The Agreement named Linda Spencer as the trustee and stated that she bought the property in trust for the benefit of herself and her four children. Notably, the Agreement also provided that [...]

This case explores the issue of unconscionability from a unique angle – where, at the insistence of her husband, a wife uses her inheritance to pay down a joint debt and the husband leaves the marriage shortly thereafter – should net family property be divided equally? BACKGROUND The parties were married for 11 years and [...]

This case is an example of what happens when a payor refuses to comply with a court order that involves the payment of money. What possible remedies are available to the other party, or the court? Background The wife and four children of the marriage lived in the matrimonial home.  Subject to previous motions, the [...]

The matter of Pessotski v. Toronto Dominion Bank was heard by Justice Corbett of the Ontario Superior Court of Justice in April of 2011. The spouses in this case had separated and Mr. Pessotski encumbered [laid claim to] the matrimonial home to two separate lending institutions (one of which was the TD Bank) under false [...]