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The Court of Appeal corrected the tracing of excluded and family property under the Family Law Act, reapportioned family property 65/35 in Ms. O'Connor's favour, and left retroactive child support at $10,000.
The court ordered a phased increase in parenting time, dismissed a section 91 restraining order, fixed interim support, and made targeted disclosure orders.
On a post-trial costs application in a family law case, the claimant was found substantially successful and awarded ordinary costs, but not scale C or double costs.
The court ordered sale of the Surrey family home, divided the line of credit equally, awarded spousal and limited child support, and granted divorce.
Trial judgment in a high-conflict family case: divorce granted, name change ordered, spousal support dismissed, and an 18-month protection order made against the claimant.
In a family law trial, the court held the former family home was family property, awarded lump sum spousal support, granted limited retroactive child support and s. 7 expenses, and denied occupational rent.
The Court held that the trial judge erred by (1) ordering the bankrupt spouse to assume payment obligations directly to a creditor for claims provable in bankruptcy (unenforceable post-discharge), (2) failing to apportion multiple proven matrimonial debts and repair/maintenance expenses paid by the non-bankrupt spouse, and (3) failing to consider and adjust spousal support in light of the apportionment and economic consequences of the husband’s bankruptcy; accordingly the Court allowed the appeal in part, ordered apportionment/monetary relief for the appellant, declared she may retain the 200…
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The court granted A.E.P. a $175,000 interim distribution under s. 89 of the Family Law Act and confirmed her authority to rent the Summer Lane main house.
Post-trial family law applications were mostly dismissed. The court reopened the trial only to enter agreed equalization orders and refused wider re-litigation.
The trial judge did not err: maintaining the status quo parenting schedule (with specified refinements) served the child's best interests; imputing income to the father (including a $42,000 adjustment for 2017) was reasonable given poor disclosure and probable income diversion; the mother was entitled to a 25% interest in the duplex equity under unjust enrichment/joint venture principles; and the award of $6,000 retroactive spousal support for two years post-separation was justified by the mother's need and the father's ability to pay. The Court of Appeal corrected the trial order to reflect…
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