Court Case Highlight

Court Case

SUPERIOR COURT OF JUSTICE – ONTARIO DIVISIONAL COURT
BEFORE:Backhouse, D.L. Corbett, O’Brien JJ.
COUNSEL: Miao (Mia) He, for the Responding Party
DIVISIONAL COURT FILE NO.460/24 ML
DATE:2024-09-04

Case Summary

The case of Li v. Yang in the Superior Court of Justice exemplifies the complex challenges of high-conflict family law, particularly when disputes involve both financial disclosure and parental responsibilities. Representing the husband, Miao (Mia) He deployed strategic litigation tactics that decisively shaped the outcome in her client’s favor. Her meticulous preparation was pivotal, leading to the dismissal of the wife’s motion to impute income to the husband and her appeal challenging crucial aspects of financial support and property division.

This case underscores the essential role of precise preparation and strategic advocacy in safeguarding a client’s financial interests and parental rights amid highly contentious family law disputes.

Challenge

This case involved several complex family law issues, including:

  • Disputes over parenting time and decision-making responsibilities
  • Child and spousal support
  • Section 30 assessments for family evaluations
  • Clarification over gifts versus loans
  • Division of the matrimonial home and an unequal division of net family property

Our Process

1. Detailed Case Analysis:

Attorney Miao He conducted an exhaustive review of evidence, emphasizing the husband’s transparency and refuting the wife’s financial and personal claims.

2. Strategic Litigation:

The attorney employed a focused strategy, presenting evidence that challenged the wife’s credibility and highlighted inconsistencies in her claims.

3. Court Preparation:

To strengthen the husband’s case, the attorney prepared persuasive court materials, allowing the judge to clearly follow the husband’s position and evaluate the wife’s assertions critically.

Result

The court ruled in favor of the husband, dismissing all of the wife’s requests based on a lack of candor in her claims. The motion judge accepted the attorney’s arguments in full, leading to:

  • The dismissal of all the wife’s requests for support and property reallocation
  • A substantial award was issued against the wife due to the court’s findings on credibility

Upon appeal, Attorney Miao He’s comprehensive preparation led the Divisional Court to uphold the initial ruling, dismissing the appeal with no order of costs. This outcome secured the client’s interests and reinforced the case’s success in favor of our client.

ENDORSEMENT

[1] The motion for leave to appeal the interlocutory decision of Boucher, J. dated July 22, 2024 is dismissed.  There shall be no order of costs.

Backhouse J.

D.L. Corbett J.

 O’Brien J.

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