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The court approved an arm’s-length sale of the former family home for $1,455,000, conditioned on clearing title, and left some disclosure requests for Bordignon Holdings to be reset.
The court dismissed a claimant’s application for extensive non-party disclosure from a spouse’s new husband, finding the request was insufficiently pleaded and unsupported.
Appeal dismissed. The motion judge did not err: Strathcona's concerns were opinions that, on the evidence, were unsolicited, premature, inexpert and objectively unreliable and therefore were not material facts whose omission rendered Pretium's disclosures misleading; the motion judge properly applied the Sharbern materiality framework and relied on contemporaneous evidence; alternative reasonable investigation defence also supported respondents; share price drop was not determinative.
Source excerpt
Appeal allowed in part: motion judge did not err as a matter of principle in assuming falsity in appropriate circumstances, but erred by applying an unduly textual and narrow analysis to public corrections without adequate consideration of market context and evidence; remitted capex/scheduling and accounting/financial reporting public correction issues to motion court for re‑determination; upheld denial of leave on four environmental omission claims based on chronology and lack of arguable requirement to disclose.
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The court varied child and spousal support after finding misleading financial disclosure, imputed higher income to the respondent, and refused to cancel arrears.
An in chambers family law application to vary interim child support was dismissed, with the child support issue left to be heard at the family property trial.
The court varied child support, rejected a $200,000 imputed-income claim, declined to add back corporate amortization, and ordered $16,130 in retroactive arrears.
On the interim record the judge found the applicant not credible where her evidence conflicted with others, concluded the best interests of the children required an immediate change: respondent to return to the matrimonial home and have primary care; generous but limited access to the applicant; no interim child maintenance ordered from the applicant; no interim spousal maintenance ordered given respondent's assessed available cash draw of $45,000; disclosure of corporate records denied on an interim basis because evidence suggested business (not matrimonial) assets and because ordering discl…
Source excerpt
La Corte desestimó la apelación contra la orden del Maestro Donaldson y negó la variación solicitada, pero impuso manutención conyugal provisional si cesaba el salario corporativo de la esposa.
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