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La Cour a renvoyé au procès les questions de partage du patrimoine et de la dette, a annulé la clause de pension alimentaire pour incertitude et a ordonné une pension intérimaire.
The court dismissed the respondent’s property claims, including the townhouse and Berg Property claims, but left spousal support and Separation Agreement enforceability for trial.
The court refused to sever a family trial over a separation agreement, ordered limited disclosure from related litigation, and granted additional discovery time.
Court found on the facts that Paul Clark intended to and did transfer his interest in the marital home (the in‑law suite) to Laurie Clark in the 2013 separation agreement (affirmed by later agreements); Paul lacked clean hands because he withheld material intentions and encouraged false evidence; because any corresponding deprivation from the sale belonged to Laurie Clark, not Paul, there is no entitlement to restitution from the Ewings; the action is dismissed.
Source excerpt
The court ordered $900,000 of the claimant's share of family-home sale proceeds held in trust, but released the respondent's half share.
The court found Weiwei Liu intended gifts of the BMW, a 99% interest in the Coquitlam Property, and the restaurant shares, and upheld the separation agreement.
The Settlement Agreement was a binding separation agreement when made; paragraph 22 did not create an implied right to terminate the agreement nor a condition precedent that rendered it conditional; there was no common mistake invalidating the agreement; and absent a factual record demonstrating that enforcement would be contrary to the child's best interests, the limited discretion not to enforce settlements should not be exercised—therefore the motion judge's declaration that the agreement is binding was correct and the appeal is dismissed.
Source excerpt
The Court of Appeal concluded the applications judge's factual findings upholding the separation agreement were supportable on the record except that the judge committed an error of law by pre‑empting counsel and denying the applicant a fair opportunity to argue that the spousal support clause violated the Divorce Act objectives; the matter of spousal support is remitted for rehearing under Miglin principles, and the judge's finding that health insurance payments were owing under the agreement is set aside.
Source excerpt
Family-law trial on spousal support, property division, pensions, and debts. The court upheld the separation agreement, awarded support, and divided assets and proceeds.
Interim spousal support was granted despite a separation agreement waiving support, because the claimant raised a substantial question about enforceability and showed need and ability to pay.
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