Case information

Family law — Separation — Divorce — Family assets — Resulting trust — Parties divorcing and proceeding to trial to address issues arising from separation — Trial judge determining applicant owned former matrimonial home upon 50% resulting trust for respondent — Whether stand-alone equitable remedy available under s. 5(6) of the Family Law Act when no equalization payment owed under section 5(1) — Whether trial judge fabricating resulting trust without pleadings, evidence, or testimony — Whether trial judge erring in denying spousal support entirely and imputing income to applicant without evidence, despite acknowledging financial hardship caused by respondent — Whether courts have constitutional duty to ensure self-represented litigants receive equal protection and benefit of law in family proceedings —Constitutional limits on appellate courts when lower court decisions involve fabrication of evidence, denial of support, and misuse of equitable doctrines in family law — Family Law Act, R.S.O. 1990, c. F.3, ss. 5, 14 — Canadian Charter of Rights and Freedoms, ss. 7, 15.

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.

Applicant Mounia Hassani Alami and respondent Fadi Haddad were married. They divorced in 2018 and, several years later, proceeded to trial to address issues arising from their separation. The trial judge held, among other things, that Ms. Alami owned the former matrimonial home upon a 50% resulting trust for Mr. Haddad. The Court of Appeal dismissed Ms. Alami’s appeal.