INGLES & INGLES

In proceedings before Berman J, the wife sought interim orders concerning the former matrimonial home and a family trust, as well as spousal maintenance. The former matrimonial home was owned by a company, which claimed rent of $1000 per week was owed. The wife sought to remain in occupation of the home and to restrain the company from dealing with the property. Regarding the family trust, the wife sought to restrain the husband from exercising his discretion as appointor in a manner that would impact a third-party trustee, and sought to prevent him from resigning as appointor.

The court was required to determine whether to grant interim orders for the wife's exclusive occupation of the former matrimonial home, subject to payment of rent, and whether to grant injunctions restraining the husband's actions concerning the family trust. Additionally, the court had to consider the wife's application for spousal maintenance.

On the issue of the matrimonial home, Berman J found that the wife could remain in occupation, provided she paid the weekly rent of $1000. In relation to the family trust, the court granted an injunction restraining the husband from appointing any other trustee or appointor to the trust, and from resigning as appointor. However, the husband was ordered to advise the wife of his intention to approve any trust distributions and the proposed amount before doing so. The wife's application for spousal maintenance was dismissed due to a lack of essential information regarding discretionary expenditure in her financial statement, which prevented the court from assessing the application.