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The court divided the matrimonial assets equally, rejected claims to exclude alleged company funding, excluded child- and inheritance-traced assets, and ordered no spousal maintenance.
The Family Court dismissed a wife’s bid to vary a consent ancillary order on the matrimonial flat, holding the CPF refund was a separate obligation from the 50% net value payment.
On a registrar’s appeal in divorce discovery, the court largely upheld the assistant registrar’s limits, allowed only one cash downpayment receipt, and awarded costs to the wife.
The court applied the materiality test under P 9 r 4 of the FJ(G)R 2024 (as informed by Eng and Cachet) and held that requests must be properly identified and show a likely impact on the adjudicative outcome; the Wife's request in SUM 2891 failed for lack of proper identification and was unnecessary given the Husband had stated the vehicle's value in his affidavit (and must disclose supporting documents under P 9 r 3); the Husband's requests in SUM 2894 (Items 12,13,15,16) were not ordered but the Wife remains obliged under P 9 r 3 to disclose documents substantiating her ancillary matters al…
Source excerpt
The Family Court dismissed a husband’s attempt to set aside and vary ancillary orders in a divorce, but granted a limited registrar empowerment clause for transfer of the matrimonial flat.
The High Court allowed this family appeal in part, granting an anti-suit injunction only against the first Ontario application and refusing to restrain later Ontario orders.
The court fixed both the determination date and valuation date for matrimonial assets at 10 July 2014, the interim judgment date, and reserved costs.
The High Court dismissed a husband's application to set aside ancillary matters orders, holding the fraud claim lacked fresh evidence and the forum argument was raised too late.
Appeal from a civil contempt conviction in a family access dispute was allowed. The court held the mother honestly and reasonably misapprehended the order and the contempt was purged.
The High Court dismissed a wife’s appeal for interim maintenance, holding that her access to substantial joint account funds meant there was no clear need for immediate support.
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