YLaw’s Massive Victory: Judge Dismisses Challenge to Consent Order, Grants Damages, Support and Costs

YLaw’s Massive Victory: Judge Dismisses Challenge to Consent Order, Grants Damages, Support and Costs

In Leena Yousefi’s latest BC Supreme Court case of A.M. v. M.S., the Court:

  1. dismissed the husband’s application to set aside a consent Order and a separation agreement,
  2. ordered the husband to pay $20,000 in damages,
  3. ordered costs against the husband,
  4. dismissed his application change parenting time,
  5. dismissed his application to discontinue spousal support and;
  6. ordered continuous child and spousal support; 
  7. ordered the parties and the husband’s fiance to attend counselling before the finance was able to be present at the child’s exchanges:

This case was not only a 100% success, it went further and held the husband accountable for his bullying behaviour towards the wife. For this reason, it will be one of the biggest achievements of my career; a case I will never forget and a case that will motivate me to continue what I am doing. It is a very interesting case for lawyers and lay people. Read the background here:

The Story of YLaw’s Family Law Case Success

Here is the story:

  1. The couple were married for 11 years and had a child together.
  2. They separated amicably and resolved all of their issues between themselves.
  3. They got into a separation agreement which was later turned into a consent orderThe order said that the wife (my client) would get the couple’s house which had about $100,000 in equity, the car, child and spousal support.
  4. This was because she agreed to forego her right to her dowry which was over $270,000. The house was to be transferred to the wife 2 years after they signed the separation agreement. The husband’s name remained on the title to the house until then.

Things were fine and dandy until (as my client says), a new woman came into her ex’s life. The relationship between the exs deteriorated from there. When it came time for the wife to ask the ex-husband to transfer the house over to her or sign sale documents to enable her to sell the house, the husband refused. He refused to comply with the order order he signed despite knowing that the wife had primary care of the couple’s son and could not afford the house’s mortgage payments. To make things worse, the wife had put a new offer on a smaller place to purchase and had placed a $20,000 deposit down. The husband needed to cooperate to sell the family home so that the wife could purchase the new home as she needed the money.

The husband refused to help. No matter how much she begged him, he refused. Then he started bullying her by:

  • calling her names,
  • telling her he will take away custody from her,
  • that she has a history of depression,
  • that she had stolen everything away from him,
  • that he would prevent her from traveling to and from Iran,
  • that she was a fat ass, and
  • that she was worthless, etc.

What Happened at the Family Trial of this Case

The husband brought on a 3 day trial in which he repeatedly denied having given the wife the house and asked for half of the house to be given back to him. He said he agreed to transfer the titleof the house to the wife but not his interest in it. He also said the agreement was unfair and that he should get half of the house back. He also asked the judge to take away primary parenting time from the mother. The new lady also swore affidavits against the wife and further added to the acrimony and tension between the parties.

The truth however was in the ‘text pudding’. In those heated exchanges via text where he called the wife every name in the book, threatened to send the new lady to bully the wife more, etc. But he also admitted to having given her the house. Throughout the judgment, the judge copies and pastes many text exchanges between the parties some of which are below:

“How fucked are you in the head to keep confusing my son don’t make me take his custody. With ur depression and history it’s a piece of cake.”

[y]our not gona like whose gona drop off [N.] next week, Figure it out. (the husband referring to the new lady picking the child up and creating more animosity and conflict)

My decision to giving you the house and the car and paying two years of the mortgage was based upon the iranian divorce and you signing off your mehr… fine you are not going to do it, I am going to cancel everything… If you check the separation agreement you see it says the title will be transferred upon mortgage approval.

[y]ou can list the house and do whatever you want to do with it as soon as you sign the Iranian divorce.” And on July 28, 2016 he said, “[a]fter the Iranian divorce is finalized, I’ll sign the listing contract

The Judge’s Decision and YLaw’s Victory

The judge basically found the husband incredibly untruthful and dismissed his application. He went into detail about the husband’s abusive behaviour towards the wife which included multiple obscenities and threatening to prevent her from traveling to and from Iran.

The judge commented over and over on the husband’s bullying tone towards the wife and made orders to make sure it stops. He went further and awarded $20,000 in damages and costs to the wife. He made the following orders:

  1. The husband was to pay the wife $20,000 because he didn’t sign the house over when he needed to and she lost her deposit on the smaller house;
  2. The husband’s new finance could not attend any exchanges with the child unless she (and the parties) attended counselling and the counsellor approved that she was fit to attend the exchanges;
  3. The wife kept the entirety of the house;
  4. The wife continued being a primary parent to the child, and the child’s schedule was not changed despite the husband’s threats;
  5. The parties were ordered not to communicate with each other unless it related to the child and they (mainly the husband) could not say things that were abusive, disrespectful or obscenities.
  6. The wife was awarded her costs (legal costs) of the trial.

This case is also a very complicated case that explores Iranian marriages, the concept of Iranian dowry, the interplay between an Order and a Separation Agreement, custody, etc. 

Leena Yousefi has been successful in 100% of her court cases in 2017.* 

*Success rate excludes adjournments and favourable settlements for more accuracy).

 

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