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The court granted divorce, traced excluded property into real estate and accounts, declined unequal division, and refused spousal support.
The court upheld earlier findings that the sale proceeds were family assets and ordered R.D. and M.N.2 to pay the plaintiff’s quantified entitlement into court.
The court found immigration consultants personally liable for a fraudulent investment scheme, awarded pecuniary, aggravated and punitive damages, and ordered traced funds paid in trust.
The Court of Appeal held that although s.53(3) creates a statutory debt to pay interest during interim occupancy, that obligation does not extinguish the statutory trust created by s.53(1); interest payable under s.53(3) is trust property subject to equitable proprietary remedies and the delivery of prescribed security under s.53(1)(b) does not terminate the trust over the purchase monies or interest for the purchaser's protection, therefore summary judgment dismissing the breach of trust claim was set aside.
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