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Aquilina v. Aquilina, Family & Divorce Law

Family & Divorce Law, equalization of net family property, intestate, election *Aquilina v. Aquilina, 2018 ONSC 3607 The applicant’s husband died intestate shortly after receiving a cancer diagnosis. The deceased’s complex international estate would not be an easy one to administer. As yet, the estate had no administrator. The applicant brought an application to extend the six-month deadline under s. 6 of the Family Law Act (“FLA”) for electing to receive an equalization payment under the FLA in lieu of her entitlement under the Succession Law Reform Act. Held, the application should be allowed. Any time prescribed by the FLA can be extended pursuant...

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Family and Divorce Law: Child Support, Retroactive, Prospective, Child Access, Custody

IN THE SUPREME COURT OF BRITISH COLUMBIA Citation: Athwal v. Athwal, 2007 BCSC 221 [1] The parties have each made applications to the court relating to the support of their daughter who turned 19 years old on November 7, 2006. Ms. Athwal seeks an increase in child support retroactive to 1999. Mr. Athwal opposes a retroactive increase and also seeks an order determining that his obligation to pay child support ceased upon his daughter reaching the age of majority. [2] The parties married in 1982 and separated in 1988 when their daughter, Ramonique, was six months old. On June 25, 1990,...

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Family Law: Divorce, Separation, Property Division, Support, Resulting Trust

*Holtby v. Draper 2017 ONCA 932 The husband and wife began living together in 1994, at a time when the husband was engaged in matrimonial litigation with his first wife, B. They were married in 1995 and separated in 1999. In 1994, the husband owned a dairy farm, and B and he were joint owners of an adjoining lot (lot 8). He was facing potential charges of sexually assaulting his foster daughter W and a potential civil claim by W. In partial settlement of the matrimonial litigation with B, lot 8 was transferred from the husband and B to the husband...

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Commercial, Real Estate, Breach of Contract Litigation

*Romijay Enterprises Ltd. v. 11 Yorkville Partners Inc. 2017 ONSC 2388 The plaintiff R Ltd. owned one unit in an eight-unit condominium property. The wife of R Ltd.’s controlling mind B had renovated the unit for use by B’s law firm. After his wife died of cancer, B stopped practising law and transformed the unit into an alternative healing centre. The defendant Y Inc. owned five units in the property. It wished to cause the condominium corporation to sell the property to a non-arm’s-length purchaser, and relied upon s. 124(2) of the Condominium Act, 1998, which provides that a condominium corporation...

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Insurance Claim Litigation: 1588444 Ontario Ltd. v. State Farm

*1588444 Ontario Ltd. v. State Farm Fire and Casualty Co. 2017 ONCA 42 Civil procedure — Costs — Substantial indemnity costs — Defendant moving unsuccessfully to amend statement of defence years after commencement of litigation — Defendant’s delay in bringing motion not amounting to egregious misconduct which warranted award of costs on substantial indemnity basis. Civil procedure — Pleadings — Amendment — Insured premises destroyed as result of arson — Insurer putting insured on notice within days of fire that it might deny coverage on basis that insured had set fire — Insured commencing action in 2007 for indemnification under policy —...

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Wrongful Dismissal: Brake v. PJ-M2R Restaurant Inc.

**Brake v. PJ-M2R Restaurant Inc., 2017 ONCA 402 Employment — Wrongful dismissal — Constructive dismissal — Employer telling restaurant manager that she could accept demotion to position as first assistant with meaningfully inferior benefits or be fired — Employee constructively dismissed — Employee not obliged to accept humiliating demotion in order to mitigate her damages. Employment — Wrongful dismissal — Damages — Mitigation — Trial judge awarding constructively dismissed employee damages based on notice period of 20 years (inclusive of statutory entitlement to termination and severance pay) — Employment income earned by employee during statutory entitlement period not subject to deduction...

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Corporate Fraudulent Case: Midland Resources Holding Ltd. v. Shtaif

**Midland Resources Holding Ltd. v. Shtaif, 2017 ONCA 320 Actions — Bars — Settlement — Plaintiff shareholders induced by defendants’ deceit and fraudulent misrepresentation to invest in sham company to develop oil and gas fields in Russia — Fraud coming to light in June 2006 — Parties entering into settlement agreement and reorganizing venture using new company — Plaintiffs suing defendants for fraudulent misrepresentation, deceit and conspiracy — Settlement agreement not precluding plaintiffs from asserting any claims for period before June 2006. Corporations — Directors — Duties — Trial judge erring in finding that director was liable to shareholder for breach...

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Breach of Contract and Fiduciary Duty: Prim8 Group Inc. v. Tisi

employment law-termination-breach of contract-breach of fiduciary duty-civil conspiracy-conversion-tort-damage-loss-court litigation-appeal *Prim8 Group Inc. v. Tisi, 2016 ONSC 5662 "T began working for Prim8 in 2008, bringing with him customized content management software (“CMS”) which had previously been written by contracted programmers under T’s direction. In 2010, T became a shareholder, director and officer of Prim8. At that time, CMS became a Prim8 asset. In December 2011, T removed computer equipment from Prim8’s offices after hours and then resigned without notice in order to offer web-based services through his own firm. M, a senior employee who reported to T, resigned without notice about a...

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Civil Fraud, Fraudulent Act: Harland v. Fancsali

civil-fraud-fraudulent-act-ommission-misrepresentation-criminal-burden-proof-probabilities-real-estate-transaction-agent-purchase-sale-purchaser-seller- deposit-offer-agreement-cancel-refuse-court-litigation **Harland v. Fancsali, 13 O.R. (3d) 103 [1993] O.J. No. 961 “The plaintiffs retained H as their real estate agent for the sale of their home. H was asked by the defendants Mr. and Mrs. F to present an offer, and these defendants also retained H as agent to sell their own home. After negotiations, the plaintiffs accepted an offer at a selling price of $380,000. The offer was conditional on the defendants Mr. and Mrs. F selling their own home before midnight, February 16, and it provided that if the plaintiffs received another offer, then these defendants had 48...

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Child Access & Custody: Balev v. Baggott

family-lawyer-separation-child-access-custody-hague-convention-habitutal-residence-retention-breach-separation-divorce-court-application-motion-trial-appeal *Balev v. Baggott, 2016 ONCA 680 "The parties were Canadian citizens. They moved to Germany in 2001 and attained permanent resident status. Their two children were born in Germany but were not German citizens. The parties separated in 2011, and the father was awarded interim custody of the children. In April 2013, the father gave his time- limited consent to the mother taking the children to Canada so that they could attend school in Ontario. At the end of the consent period, the mother unilaterally decided to stay in Ontario and refused to return the children to Germany. The father’s application...

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