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Family law trial granting divorce, allocating parental responsibilities to the claimant, ordering supervised parenting time, and imputing the respondent’s income at $74,000.
Family law trial on child support, spousal support, property division and disclosure sanctions. The court made retroactive child-support and property orders, dismissed spousal support, and awarded s. 213 relief.
The court found the parties separated on August 15, 2009, reapportioned the claimant’s pension 100% to her, ordered the claimant to pay the joint loan, and dismissed spousal support.
Appeal about retroactive child support, disclosure, and how to calculate Guidelines income from corporate profits, dividends, and a principal-residence sale.
The court awarded retroactive child support of $116,883.56 and prospective child support of $3,602.78 per month because income was imputed to the husband for prospective support but not for the retroactive period; costs were awarded to the respondent (Ms. Spencer) in the sum of $16,250 based on Tariff A adjusted for a two-day trial and the fact she obtained an award exceeding her settlement position, which constituted a substantial contribution to her reasonable expenses.
Source excerpt
Applying the connecting‑factors test and relevant authorities (Recalma, Lewin, Sero, Williams), the court found the interest income was generated by issuers and economic activity situated off‑reserve and that Carnaby's mere corporate residence on a reserve and role as intermediary were insufficient to situate the passive investment income on a reserve; accordingly the interest was taxable and the appeals dismissed.
Source excerpt
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