SUPREME COURT OF Nova Scotia
FAMILY DIVISION
Citation: Armoyan v. Armoyan, 2015 NSSC 92
Date: 2015-04-01
Docket: No. 1201-065036; 070342;
73536
Registry: Halifax
Between:
Lisa Armoyan
Applicant
v.
Vrege Armoyan
Respondent
LIBRARY HEADING
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Judge: |
The Honourable Justice Theresa M. Forgeron
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Heard: |
February 26, 2015, in Halifax, Nova Scotia |
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Decision:
Subject:
Issue:
Result: |
April 1, 2015
Family Law
Suit Costs
➢ $375,000 awarded to Ms. Armoyan as suit costs. ➢ Ms. Armoyan was impecunious; had established a prima facie case; and special circumstances existed to warrant the issuance of an order. Ms. Armoyan would not have been able to retain experts without suit costs. ➢ A business valuation, with a forensic component, was appropriate given (a) the technical nature of the evidence; (b) the lack of a business valuation from Mr. Armoyan; (c) Mr. Armoyan’s post separation transfer of significant assets to related third parties; (d) Mr. Armoyan’s decision to move most of his assets out of the jurisdiction; and (e) Mr. Armoyan’s claim that he lost all investments in business deals which had soured. ➢ The onus is on the party asserting the value of an asset that he/she controls, to provide credible evidence as to value. ➢ An expert on Ontario matrimonial property law was appropriate in the context of s. 22 of the MPA. ➢ No funds were provided for an expert on Florida matrimonial property laws because there was no evidentiary foundation. ➢ Mr. Armoyan did not prove an inability to pay. ➢ Funds due by April 21, 2015. . THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET
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