Devathasan v. Devathasan

Devathasan v. Devathasan

The court refused to set aside the protection order and dismissed the application to set aside the Mareva injunction except that the global disclosure period was narrowed to three years; on the interim support application the court imputed substantial corporate and rental income to the Respondent, fixed interim guideline incomes, awarded retroactive and ongoing child and spousal support and authorized an interim $400,000 distribution to the Claimant from a frozen BC account to preserve the status quo and enable access to justice pending trial.

Citation
2017 BCSC 1010
Parties
Claimant: Christie Kanti Devathasan previously known as Kanti Devi d/o Ramnath Rai; Respondent: Gobinathan Devathasan aka Devathasan s/o Gobinathan Nair
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
19 June 2017
Procedural Posture
Family Law Divorce, Property Division and Support / Interim Application / Interlocutory (application to Set Aside Protection Order and Mareva Injunction; Applications for Interim Child and Spousal Support and Interim Distribution)
Outcome
Application dismissed in part: protection order upheld; Mareva injunction upheld except disclosure timeframe narrowed to three years (paras.20-22 amended); interim child and spousal support and interim distribution granted as set out in Schedule A; costs reserved to trial judge.
Legal Topics
Protection Order, Mareva Injunction, Interim Spousal Support, Interim Child Support, Interim Distribution of Assets, Imputation of Income, Disclosure Obligations, Extraterritorial Enforcement (s.109)
Source Language
English
Family Law Civil Procedure Equity Injunctions International Enforcement Protection Order Mareva Injunction Interim Spousal Support Interim Child Support +4 more

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Parties

Christie Kanti Devathasan previously known as Kanti Devi d/o Ramnath Rai

Claimant

Gobinathan Devathasan aka Devathasan s/o Gobinathan Nair

Respondent

Procedural Posture

Family Law Divorce, Property Division and Support / Interim Application / Interlocutory (application to Set Aside Protection Order and Mareva Injunction; Applications for Interim Child and Spousal Support and Interim Distribution)

Legal Issues

  1. 1 Whether the ex parte protection order should be set aside
  2. 2 Whether the Mareva injunction should be set aside or varied
  3. 3 Scope and temporal limits of disclosure required by Mareva injunction

Ratio Decidendi

The court refused to set aside the protection order and dismissed the application to set aside the Mareva injunction except that the global disclosure period was narrowed to three years; on the interim support application the court imputed substantial corporate and rental income to the Respondent, fixed interim guideline incomes, awarded retroactive and ongoing child and spousal support and authorized an interim $400,000 distribution to the Claimant from a frozen BC account to preserve the status quo and enable access to justice pending trial.

Court Disposition

Application dismissed in part: protection order upheld; Mareva injunction upheld except disclosure timeframe narrowed to three years (paras.20-22 amended); interim child and spousal support and interim distribution granted as set out in Schedule A; costs reserved to trial judge.

Orders

  • Protection order upheld (as granted August 8, 2016)
  • Mareva injunction upheld except paragraphs 20-22 amended to require disclosure only since July 2014