Can a judge order a non-dissipation order against the property of a party in a family law action?
Ontario, Canada
The following excerpt is from Ekaterina Ivanova Karpacheva v. Valery Vladimirovich Karpachev, 2018 ONSC 4563 (CanLII):
First, the court does not have jurisdiction under section 12 of the Family Law Act to enjoin the property of strangers to the family law action (see Ho v. Ho, supra, para. 11). The section, itself, clearly states that the non-dissipation order can only be made where “…if the court considers it necessary for the protection of the other spouse’s interests under this part”, it may make an order “restraining the depletion of a spouse’s property”.
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