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

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*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...

24 March

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Commercial, Real Estate, Breach of Contract Litigation

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

Commercial, Real Estate, Breach of Contract Litigation