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The court held the parties did not live together in a marriage-like relationship for two continuous years, dismissed the Family Law Act claims, and ordered return of a Range Rover.
In this family-law costs decision, the Court found M.J.B. was the substantially successful party and awarded costs, but declined double costs and Scale C.
The court granted a divorce, divided pensions and property, rejected several excluded-property claims for lack of tracing, and awarded the respondent spousal support.
Appeal dismissed because the appellant did not demonstrate a material misapprehension of evidence that could have affected the outcome; the appellant failed to provide sufficient medical and financial disclosure to establish entitlement to spousal support, and any error as to CPP disability benefits was immaterial to the decision; the trial judge's treatment of solar panels and heat pump debts is correct insofar as those debts are included in closing adjustments if the property is sold to a third party.
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Family law reasons addressing parenting time, family violence, child support, property division, occupational rent, and spousal support after separation.
On a post-trial costs application in a family law case, the claimant was found substantially successful and awarded ordinary costs, but not scale C or double costs.
The Court exercised its discretion under r.14 to grant the extension because the applicant demonstrated a bona fide intention to participate, provided a reasonable excuse (issue only became apparent on receipt of the appellant's factum while unrepresented), the proposed cross-appeal has potential merit due to the trial judge's linkage of partner support and property division, and special circumstances existed (the issue surfaced only when the factum was filed); accordingly the notice of cross-appeal must be filed within 10 days and the cross-appeal factum filing deadline is advanced to June 1…
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The claim is dismissed because the Claimant failed to prove on a balance of probabilities that the Defendant was enriched to her detriment without a juristic reason and failed to prove possession or value of the claimed personal items; account statements and proceeds demonstrate the Claimant retained substantial assets post-separation undermining any claim of detriment, and the Court valued the truck at $27,500 and the trailer at $2,500 and found the Defendant entitled to retain them.
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Supplementary reasons in a family property dispute adopted the claimant’s appraisal of Indian properties as the basis for valuing the parties’ compensation entitlement.
The court divided excluded property from a long family relationship, awarded lump sum spousal support, retroactive child support, and granted divorce.
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