Dennis Oland accused of domestic violence by his estranged wife
Appears in Saint John family court Wednesday after Lisa Andrik-Oland was granted emergency intervention order
Dennis Oland appeared in Court of Queen's Bench family court in Saint John on Wednesday to face allegations of domestic violence by his estranged wife Lisa Andrik-Oland.
She filed for and received an emergency intervention order under the Intimate Partner Violence Intervention Act from an emergency adjudicative officer last Wednesday.
It comes nearly a year after Oland was acquitted following his second murder trial in the 2011 bludgeoning death of his father, multimillionaire Richard Oland.
There is a publication ban on the evidence Andrik-Oland presented to obtain the emergency order.
Under the act, emergency intervention orders can be granted if a designated authority determines "on a balance of probabilities that intimate partner violence has occurred or is likely to occur, and the seriousness and urgency of the situation warrant the making of the order."
Chief Justice Tracey DeWare reviewed the emergency order the day after it was issued and ruled there was insufficient evidence to confirm the order without holding a hearing.
When court began Wednesday morning, however, DeWare announced the hearing might not proceed.
"We're hoping not to proceed. That is the goal," confirmed Andrik-Oland's lawyer Margaret Layden.
"The parties have reached an agreement," she said, as Andrik-Oland looked on from the front right-hand row, with a woman by her side, and Oland sat alone on the opposite side of the empty courtroom.
Layden and Oland's lawyer, Tracy Peters of Moncton, jointly requested that the emergency order be set aside.
Part of agreement
DeWare said she had no difficulty signing the new order, under the circumstances.
"I don't see a prejudice to anyone. I just want to make sure that that's OK, in particular with Ms. Andrik-Oland?"
Layden clarified they weren't simply requesting it be set aside, that it was part of an agreement on another family court matter.
In that matter, Andrik-Oland is seeking an interim order to prevent Oland from selling their Rothesay home and three adjacent parcels of land to preserve her marital interest in the properties, pending a final determination.
In a sworn affidavit filed with the court, Andrik-Oland said Oland moved out on Feb. 17 and announced March 23 they were separating.
He "told me that we have no money and that everything we owned will be sold," including the home at 58 Gondola Point Rd.
She said he has signed a listing agreement with a realtor and been removing items from the home without her consent.
Combined, the four parcels, which cover just over two hectares, are assessed by Service New Brunswick to be worth $732,800.
A hearing on that matter is scheduled for Sept. 10.
Although that file wasn't on the court docket for Wednesday, DeWare agreed to deal with interim agreement that gives Andrik-Oland exclusive possession of the home and its contents.
The parties also agreed not to contact each other, except through Oland's lawyer or any other agreed upon third party.
Oland's lawyer noted the interim agreement doesn't prohibit either party from seeking further interim relief.
"Mr. Oland has yet to file his response, so there will be additional interim relief that will be sought in there," said Peters.
The home featured prominently in both of Oland's second-degree murder trials.
During his divorce from his first wife in 2008-2009, his father lent him more than $500,000 to ensure he didn't lose the home, which has been in the Oland family for more than 70 years.
Oland bounced two interest payments of $1,666.67 to his father, including one the day before he was killed, which the Crown had alleged was part of the motive for murder.
But Court of Queen's Bench Justice Terrence Morrison found Oland not guilty, saying the evidence didn't support the Crown's suggestion his father knew about the missed payments or that it concerned him.
Andrik-Oland alleges she has "lost everything" during their 10-year marriage, including income, property and investments. She has also incurred debt for Oland and can no longer afford groceries, gas or medical treatments, according to the court documents.
She wants ownership of the house and its contents.
She also wants spousal support retroactive to March 23, an equal division of marital property and debt, as well as costs and interest.
In addition, she wants an order that Oland be "restrained from harassing, annoying or otherwise interfering with" her.
Act provides protection measures
The Intimate Partner Violence Intervention Act, proclaimed in May 2018, was designed to provide victims with access to short-term measures to increase their safety while they seek more permanent solutions.
The emergency intervention order remedies victims can apply for include:
- Temporary exclusive occupation of the residence.
- Temporary possession of personal property.
- No-contact provisions.
- Temporary custody of children.
- Seizure of weapons.