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 [...]

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 [...]

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 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 [...]

This case deals with a motion brought by the respondent/wife for imputations of income to the applicant/husband, temporary spousal and child support and interim disbursements. The respondent/wife is asking the court to impute income to the applicant/husband in the amount of $325,000.00 and from there, make temporary orders for child support in the amount of [...]

On January 26, 2012, Blishen J. of the Ontario Superior Court of Justice released her decision for the Shaw v. Shaw matter.  This decision brings forward and deals with a claim of battery as well as claims for damages in a family law context. Although the parties were able to resolve the majority of the [...]

This Motion was heard in the Ontario Superior Court of Justice by Justice McGee on April 27, 2011.  She released her judgement on May 2, 2011. The wife in this case was seeking an interim order for the sale of the matrimonial home, or in the alternative, an award of interim disbursements in the amount [...]

In the Kanura v. Simpraga case, the Ontario Superior Court of Justice dealt with whether or not to order the sale of a house under the Partition Act while a couple’s family law issues were still in the process of resolving themselves. This case helps provide greater direction on this difficult topic, and reaffirms the [...]

In the matter of Thibodeau v. Thibodeau the parties were involved in lengthy litigation which ultimately ended with the parties taking part in arbitration.  In arbitration, the wife was awarded a lump sum amount for spousal support arrears, equalization payment and costs by arbitration.  The arbitration award specifically provided that the matrimonial home was to [...]