Lessons from Modabber v. Kermanshahani

Justyna A. Waxman, associate in our Family Law Group, wrote an article on Modabber v. Kermanshahani for the Ontario Bar Association.

“Lawyers should appreciate that it takes years to earn a solid reputation but mere moments to destroy it.”

This was the strongly worded caution that Kaufman J. delivered to counsel appearing before him on a recent 14B motion in Modabber v. Kermanshahani  involving what turned out to be a dispute over an inconsequential sum being released from the proceeds of sale of a matrimonial home.

In the case in question, the parties had reached an agreement that each would receive a sum of $75,000 from the proceeds. They also agreed that the husband would reimburse the wife 50% of the costs of renovations up to $7,500 plus 5% interest on the amount to be reimbursed. The parties’ agreement was, as these interim resolutions often are, without prejudice to either party’s position regarding the ultimate division of proceeds.

To read the full article, please visit the Ontario Bar Association's website.