Advocacy in Family Law Cases

Reported Decisions - Alberta and B.C.

 

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Cases tagged as Matrimonial Home

Cases in 2021

P.F. v J.T.F, 2021 BCSC 15062021

Counsel of Record: Millad Ossudallah

Case Summary: Millad Ossudallah was successful in representing the claimant in this case involving a 22-year marriage and ongoing cohabitation following separation. The wife initially secured a without-notice order for exclusive home occupancy and a protection order against her husband based on allegations of long-term verbal and physical abuse. Despite the husband's denial of these allegations, the court upheld the exclusive occupancy order, citing the wife's entitlement to safety and privacy in her home. Although the wife worked away part of the week, her wish to spend time at home with both children was considered reasonable. The protection order was extended for the wife and the older child, evidencing a long-standing pattern of abuse.

J.D. v S.G, 2021 BCSC 5102021

Counsel of Record: Marcus M. Sixta

Case Summary: Marcus Sixta effectively advocated for the claimant wife who had been solely responsible for the mortgage on the family home, despite no longer living in it. Recognizing the significant emotional and financial toll on her and their children, the court authorized the sale of the home without requiring her husband's consent. The husband's claims of financial hardship were scrutinized and dismissed, further justifying the court's decision to alleviate the wife's burden of carrying the mortgage alone.

J.D. v S.G., 2021 BCSC 5102021

Counsel of Record: Marcus M. Sixta

Case Summary: Marcus Sixta effectively advocated for the claimant wife who had been solely responsible for the mortgage on the family home, despite no longer living in it. Recognizing the significant emotional and financial toll on her and their children, the court authorized the sale of the home without requiring her husband's consent. The husband's claims of financial hardship were scrutinized and dismissed, further justifying the court's decision to alleviate the wife's burden of carrying the mortgage alone.