Tovmasyan v. Petrosian

Tovmasyan v. Petrosian

The appeal is dismissed because the trial judge correctly applied s.39.4 CLRA, properly placed the burden on the appellant under s.39.4(6) after finding the children spent the vast majority of time with the respondent, and reasonably imputed income to the appellant based on his disclosure failures; there were no...

Source-derived case information.

Citation
2023 ONCA 345
Parties
Applicant/respondent: Hasmik Tovmasyan; Respondent/appellant: Armen Petrosian
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
12 May 2023
Procedural Posture
Family / Appeal From Superior Court of Justice Order (court of Appeal)
Outcome
Appeal dismissed
Legal Topics
Relocation, Child Support, Spousal Support, Imputation of Income, Burden of Proof
Source Language
english
Family Law Child Custody Support Relocation Child Support Spousal Support Imputation of Income Burden of Proof

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Parties

Hasmik Tovmasyan

Applicant/respondent

Armen Petrosian

Respondent/appellant

Procedural Posture

Family / Appeal From Superior Court of Justice Order (court of Appeal)

Legal Issues

  1. 1 Whether the trial judge erred in permitting the respondent to relocate with the children under s.39.4 CLRA
  2. 2 Whether the trial judge improperly placed the burden of proof on the appellant regarding relocation
  3. 3 Whether the trial judge erred in imputing income to the parties for support calculations

Ratio Decidendi

The appeal is dismissed because the trial judge correctly applied s.39.4 CLRA, properly placed the burden on the appellant under s.39.4(6) after finding the children spent the vast majority of time with the respondent, and reasonably imputed income to the appellant based on his disclosure failures; there were no palpable and overriding factual errors or legal errors.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Respondent permitted to relocate to California with the two children