Jon v. Jon

Jon v. Jon

Because the respondent controlled the corporate entities, failed to provide required corporate and business financial disclosure, and the evidence established diversion or withholding of funds (including significant BC deposits and shareholder transfers undertaken without the applicant's knowledge), the court drew an adverse inference and imputed the respondent's annual income at $151,000 under the Federal Child Support Guidelines (s.18/19). The court reserved property division under the Matrimonial Property Act due to inadequate disclosure but ordered disclosure, granted the divorce, set child and spousal support and directed sharing of specified extraordinary child expenses...

Citation
2011 NSSC 419
Parties
Applicant: Kyungwon (Kim) Jon; Respondent: Daechol Jon
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
10 November 2011
Procedural Posture
Divorce/family Law / Trial and Final Decision (hearing March‑may 2011; Decision Issued November 10, 2011)
Outcome
Divorce granted; child and spousal support ordered; property division issues under Matrimonial Property Act adjourned pending full disclosure; extensive disclosure and accounting orders against respondent
Legal Topics
Imputing Income, Disclosure Obligations, Division of Business Assets, Custody and Access, Extraordinary Expenses (private School), Share Transfers and Non‑arm's Length Transactions, Credibility Findings
Source Language
English
Family Law Divorce Matrimonial Property Child Support Spousal Support Corporate/shareholder Disputes Imputing Income Disclosure Obligations +5 more

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Parties

Kyungwon (Kim) Jon

Applicant

Daechol Jon

Respondent

Procedural Posture

Divorce/family Law / Trial and Final Decision (hearing March‑may 2011; Decision Issued November 10, 2011)

Legal Issues

  1. 1 Whether a Divorce Order should issue
  2. 2 Determination of respondent's income for child and spousal support (including imputation)
  3. 3 Quantum of child support and spousal support

Ratio Decidendi

Because the respondent controlled the corporate entities, failed to provide required corporate and business financial disclosure, and the evidence established diversion or withholding of funds (including significant BC deposits and shareholder transfers undertaken without the applicant's knowledge), the court drew an adverse inference and imputed the respondent's annual income at $151,000 under the Federal Child Support Guidelines (s.18/19). The court reserved property division under the Matrimonial Property Act due to inadequate disclosure but ordered disclosure, granted the divorce, set child and spousal support and directed sharing of specified extraordinary child expenses...

Court Disposition

Divorce granted; child and spousal support ordered; property division issues under Matrimonial Property Act adjourned pending full disclosure; extensive disclosure and accounting orders against respondent

Orders

  • Divorce Order will issue
  • Respondent's child support obligation set at $1,924 per month (Nova Scotia tables)