Makepeace v. Brenninkmeyer
SUSAN MAKEPEACE
Law Firm / Organization
Normandin Chris LLP
Lawyer(s)

Kristen Normandin

Law Firm / Organization
Pike Family Law
Lawyer(s)

Matthew Pike

CORNEL BRENNINKMEYER
Law Firm / Organization
Halpern Law Group
Law Firm / Organization
Baldwin Sennecke Halman LLP
Lawyer(s)

Alexander Sennecke

Key Issues:

  1. Distribution of Net Proceeds from Property Sale:
    • Applicant sought $1,550,000 from the sale of the Port Carling property, with remaining proceeds held in trust until trial.
    • Respondent proposed $250,000 to each party.
    • Court ordered $250,000 to each, with the Applicant's share held in trust for litigation expenses.
  2. Interim Fees and Disbursements:
    • Applicant requested $1,644,637.26 for interim legal fees.
    • Court reduced this, ordering $725,000 from the Respondent, partly funded by the Applicant’s share of the property sale proceeds.

Court’s Reasoning:

  • Applied principles under the Family Law Act to ensure fair resource access.
  • Recognized the Applicant’s arguable case for support and equalization but deemed her legal budget excessive.
  • Considered Respondent's capacity to pay and need to preserve assets.

Outcome:

  • Partial relief granted to both parties, with limited asset distribution and funds for litigation, preserving the estate pending trial.

Relevant Legal Principles:

  • Interlocutory injunctions and preservation orders.
  • Reasonableness of interim fees in family law.

Successful Party:

  • Neither party was wholly successful; partial relief was given to both. Applicant secured $725,000 in interim fees; Respondent limited funds released and legal fees awarded.

Total Monetary Award:

  1. Property Proceeds:
    • $250,000 to each party from property sale.
  2. Interim Fees and Disbursements:
    • $725,000 to Applicant ($250,000 from property proceeds, $475,000 from Respondent).
  3. Total Award:
    • $1,225,000 combined.

No additional damages awarded; costs submissions pending.

Superior Court of Justice - Ontario
FS-19-009107-000
Civil litigation
$ 1,225,000