Veena Pohani and Associates.
Proven track record for the past 21 years dating back to first year of practice.
Excellent reviews and success in court illustrate my proven track record in Toronto’s family law circle.
Latest victory: Citation: Francisco v. Francisco 2018 ONSC 708
This case deals with the issue of Focused Hearings that have become a trend at Ontario Court of Justice in order to address backlogs. I represented the Father who was being taken to court to vary his separation agreement which was executed many years before. In this case, the Judge denied Mr. Francisco the right to a proper trial and adjudicated his entire case in 2 hours. Mr. Francisco appealed the decision. In a last minute decision, he decided to abandon the Appeal and the only issue left was the issue of Costs remaining. In this critical decision, the Court found that Mr. Francisco only should pay a very nominal amount of costs even though he abandoned the Appeal because his Appeal had merit, touched on a novel area of law and the Wife had not successfully proven she was entitled to costs.
Note: This case is under appeal at the Ontario Divisional Court. Stay tuned for the result.
Latest victory in bankruptcy court citation: Mercado Capital Corporation v. Qureshi 2017 ONSC 5572
In this case we represented the Wife. The Husband had been declared a bankrupt. The Matrimonial Home was sold and the proceeds sat in the Trustee’s bank account. The Husband was registered on title for the first Matrimonial Home. This home was sold and the parties bought a second Matrimonial Home. The Husband and Wife were registered on title as joint owners for this home. The Husband’s creditor Mercado Capital Corporation brought an application to obtain the Wife’s proceeds that remain in trust and argued that the transfer by the Husband was a transfer for undervalue or a fraudulent conveyance. The Wife argued a Resulting Trust, a presumption of beneficial ownership, and section 14 of the Family Law Act. The Court agreed and Ordered the Trustee to release the funds to the Wife.
Note: This case was argued at the Ontario Court of Appeal. I represented the Respondent. We are awaiting the Judgment. Stay tuned for the result.
S.S. v. S.S. April 12, 2018 Superior Court of Justice:
This is a Hague Convention case where the Court ordered that the wife serve her ex husband using the Central Registry Office in India. The Hague Convention is backlogged and did not serve the Husband. Some 11 months after the fact, the HC still did not complete service. Using Article 15 of the HC, we brought a motion and asked the Court to validate service and to grant a divorce at the same time. We were successful and this was the first Order of its kind in Ontario.
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