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Decisions, Decisions

Our family law clients have enjoyed great success through the courts when attempts to settle matters reasonably and fairly outside of court (our preferred way of resolving disputes) have failed.

A few of our Reported Decisions

Supreme Court of British Columbia

Spiegel v. Meilman, 2017 BCSC 766

We successfully argued for a declaration by the Court that the parties had reached an agreement settling all issues. Our client was awarded special costs in the amount of $7,500.00 – ordered by the Court due to the opposing party’s “reprehensible” behaviour.

Borrero v. Rico, 2017 BCSC 84

This matter concerned an application brought by our client seeking orders for interim spousal support, financial disclosure and certain remedies with respect to purported family property located in Vancouver. Our client, being successful, was awarded costs.

Cornett v. Woike, 2016 BCSC 2365

We brought an application on behalf of our client to appoint a joint expert business valuator in a contested family action and were successful in having the Court appoint our client’s preferred expert.

H.S. v. R.S., 2015 BCSC 1856

We argued this case on an urgent basis as our client faced imminent deportation from Canada to Pakistan and wished to take her then 13 month old child with her. The Court agreed with our client that it was in the child’s best interests to go with our client. Our client was granted costs in her favour.

T.K. v. R.J.H.A., 2013 BCSC 2112 (CanLII)

This case involved whether the parties’ two children should be permitted to relocate from their place of residence in Saanich, B.C.  to Toronto.

Sangha v. Van Bree, 2012 BCSC 2046

This matter involved a contempt of court application brought by our client in a high‑conflict matrimonial proceeding.

Ontario Court of Appeal

Hashemi v. Paraiso, 2008 ONCA 226 (CanLII)

We argued this case successfully in three different court levels in Ontario with the Ontario Court of Appeal ultimately dismissing the opposing party’s appeal finding that the appellant had been granted multiple indulgences by the Court and failed to demonstrate that his proposed appeal had any merit. Our client was awarded costs at each level of Court.

Ontario Superior Court of Justice

D.K. v. M.K. and J.P., 2010 ONSC 4585

The result of a lengthy trial involving multiple issues including custody, parental alienation, support and division of property, our client was ultimately successful on each issue. Costs were awarded in favour of our client in the amount of $75,000.00.

Soto v. Olivares, 2007 CanLII 43907 (ON SC)

This case involved both parties bringing motions for exclusive possession of the matrimonial home. Our client prevailed and was awarded costs by the Court.

Lopez v. Tarnocai, 2006 CanLII 44275 (ON SC)

Our client brought a motion requesting orders for interim spousal support and a restraining order. Our client was successful with the Court ordering interim spousal support and that her former spouse  be restrained from coming within 500 metres of her and that he refrain from harassing, annoying or molesting her. Our client was awarded costs by the Court as the successful party.

Woo v. Chin, 2007 CanLII 50880 (ON SC)

This case involved our client requesting orders for ongoing and retroactive child support; a contribution to the children’s s. 7 special and extraordinary expenses; reimbursement for his overpayment of child support; annual financial disclosure; and a payment from the proceeds of sale of the matrimonial home.

Kernerman v. Kernerman, 2008 CanLII 56936 (ON SC)

This motion dealt with our client asking the Court to strike the Answer of the Respondents for failing to provide Affidavits of Documents and various alternative relief relating to Affidavits of Documents and questioning of the parties. The Court awarded costs in favour of our client.

Ontario Court of Justice

Hilliard v. Popal, 2010 ONCJ 619

This case involved the Court determining income of a non-biological parent for child support purposes and the amount of child support in light of a contribution from the biological parent. The judge  commended both the opposing lawyer and us for taking seriously a lawyer’s obligation to deal with cases justly by assisting our respective clients with making agreements where they could and agreeing on a process for a final determination of issues that saved the clients time and expense, yet assured that the procedure was fair for all involved.

Padua v. Gordon, 2008 ONCJ 421 (CanLII)

This case concerned a mother bringing a motion to increase the child support that is being paid by our client, including a contribution to the child’s post-secondary education.

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