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The court dismissed most of a post-trial application to reopen, rejecting deductions for tax and realtor commission, but corrected a support-payment arithmetic error.
The court found the relocation application was brought in good faith, but adjourned it to trial because the proposed parenting arrangements were not workable.
The presumption of a resulting trust under the Family Law Act applied to the 2002 transfer of title and the Wife failed to rebut that presumption; consequently the Husband retained a 50% beneficial interest in the matrimonial home and is entitled to share in post‑separation appreciation. The trial judge’s imputation of income to the Husband at $120,000 was upheld as a discretionary exercise grounded on a long history of substantial and continuing parental gifts (but not on notional allocated dividends from a corporation controlled by the mother which were not actually received). The trial jud…
Source excerpt
The court held the separation date was October 19, 2011, upheld the separation agreement, refused reapportionment, and made support, RESP, and parenting orders.
The court rejected sexual abuse allegations, ordered joint custody and guardianship, left primary residence with the mother on an interim basis, and granted the father liberal unsupervised access.
The court varied child and spousal support after finding the payor's income had significantly declined following the failure of his business.
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