Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
Canada decisions
Decisions matching the current search
The court granted a limited interim distribution for litigation costs under s. 89 of the Family Law Act, but refused payment of non-legal debts and living expenses.
The appeal is dismissed because the trial judge applied the correct legal framework (best interests of the children), properly relied on the Voice of the Child report, made no palpable misapprehension of the evidence when declining to find parental alienation, and rightly refused to resolve complex financial disentanglement on an interim record lacking full disclosure; constitutional challenges, a stay and additional evidence were out of scope for this interim appeal.
Source excerpt
The trial judge’s findings that the husband contributed to acquisition of the homes were supported by the evidence and warranted application of the presumption of resulting trust; s.14 need not be determinative where the general resulting trust presumption applies; the mortgage registered by the wife after separation is a post‑separation debt for which she alone is responsible; any mischaracterization of s.5(6) had no practical effect on the outcome; appeal is dismissed.
Source excerpt
The Court admitted late medical materials and granted the appellant a limited extension to perfect the appeal (seven days from receipt of the Superior Court endorsed order) because administrative delay in issuing the endorsed order and the appellant's medical condition made the extension necessary in the interests of justice; the appellant's request to appeal the July 6, 2020 consent order was rejected because it was brought four years late, lacked a coherent explanation, was unlikely to succeed, and would cause significant prejudice to the respondent; the respondent's dismissal motion was ad…
Source excerpt
Motion for security for costs denied because appellant's grounds, while weak, are arguable and not frivolous or vexatious; appellant holds a 50% interest in the matrimonial home which provides security for costs and outstanding cost orders; respondent's child support arrears and the existing order that outstanding costs be paid from sale proceeds weigh against granting security; single judge lacked jurisdiction to alter the application judge's order regarding sale.
Source excerpt
Divorce granted; the matrimonial home must be sold and net proceeds divided equally because the petitioner failed to establish entitlement to an unequal division of the vacant lot under s.13 MPA; the petitioner’s conduct does not negate respondent’s entitlement to compensatory and non-compensatory spousal support given traditional roles and economic disparity; income of respondent is imputed at $13,500/year (part-time minimum wage) while pursuing education; retroactive child support of $29,850.52 awarded after crediting $2,100 for child-related payments and $363.62 for hockey, payable at $250…
Source excerpt
Divorce granted; income was imputed to petitioner because she was able to work but chose not to and offered no medical evidence; petitioner was ordered to pay historic child support of $7,403 based on imputed minimum-wage full-time income for the relevant period; respondent was ordered to pay compensatory spousal support (retroactive and prospective) but non-compensatory need-based support was eliminated due to petitioner's long-term cohabitation where her partner covers her living expenses; pension accrued to separation is to be equalized; Kennetcook inherited property is classified 20% matr…
Source excerpt
Applying the three‑part stay test the court found the appeal raised a serious question but the moving party would not suffer irreparable harm because suitable rental alternatives existed and the order contained provisions protecting the childrens' interests; the balance of convenience favoured the respondent facing imminent insolvency and risk of mortgagee sale, therefore a stay was not warranted and the motion was dismissed.
Source excerpt
The court granted the divorce, rejected the claim for unequal division under MPA s.13 because the applicant failed to prove equal division would be unfair or unconscionable, directed equal division of identified matrimonial assets (with specified valuations and an equalization payment of $25,021.26 from petitioner to respondent), ordered sale of the matrimonial home with specified listing and vacancy directions and adjustments to net proceeds, awarded the petitioner indefinite compensatory and non-compensatory spousal support at $892/month effective November 1, 2023, and ordered historic lump…
Source excerpt
Interim support was ordered, a restraining order granted, and the sale of the family home adjourned pending a joint appraisal of the PEI property.
Explore more
