05/05/2026
After 26 years of marriage, a wife turned to the court for protection after her husband threatened to allow creditors into the family home.
Her husband, a former chartered professional accountant now facing allegations of running a Ponzi scheme, was alleged to have defrauded multiple victims, including his wife. After their separation in September 2025, creditors and process servers began appearing at the home following media reports about the scheme.
She went to the Ontario Superior Court of Justice seeking a restraining order under s. 46 of the Family Law Act (FLA), citing emotional and psychological abuse, threats, and concerns for her safety. Although the judge accepted that the wife feared for her safety, he declined to impose a restraining order, noting that they are ""not to be granted lightly,"" even if there is some evidence of a history of psychological or financial abuse.
Based on the history of this case, he wrote that he could not reasonably conclude that the wife's safety was at risk.
What the court did grant was a non-contact order under s. 47.1 of the FLA, which prohibited the husband from coming within 200 metres of the former matrimonial home, the wife's place of work, or any other place where she is known to be. The 14-day order can be extended on consent or by a further order of the court.
If you're navigating something similar, don't assume that fear alone will meet the legal test for a restraining order. There are other tools available to the court. Understanding which one applies to your situation, and how to ask for it, is where good legal advice is essential.
Case reference: Lipson v. Rosenthal, 2026 ONSC 184