Case information

Family law – Divorce – Equalization – Division of family property – Spousal support – Damages for intentional infliction of mental distress – Evidence – Credibility assessment – Self-represented litigants – Trial fairness – Whether the trial process was procedurally unfair to the self-represented litigant – Whether spousal support was wrongly denied – Whether the trial judge erred in his credibility assessment – Whether exclusion of evidence violated the applicant’s right to a fair hearing – Whether the trial judge applied inconsistent legal standards – Whether there is a reasonable apprehension of bias on the part of the trial judge.

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

The applicant and the respondent Hardeep Singh Nijher were married for 14 months. Following their separation in 2019, Mr. Nijher sought a simple divorce. The applicant filed an answer, seeking equalization, spousal support and other property-related relief. She also brought a concurrent civil action against Mr. Nijher and four members of his family – the other respondents – seeking damages for intentional infliction of mental distress.

The Ontario Superior Court of Justice dismissed all of the applicant’s claims except equalization, which was partially allowed. The applicant was ordered to pay a total of $85,000 in fixed costs to the respondents. The Court of Appeal for Ontario dismissed the applicant’s appeal from the trial decision and denied leave to appeal the costs order.