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Interim family law decision imputing income to both parties, awarding child and spousal support, and allocating special expenses pending fuller disclosure.
Interim family law application partly granted: the court ordered child support, limited disclosure, and 62% of certain child expenses, but dismissed most other relief.
Costs decision in a family law case: the respondent achieved substantial success on the applications, earned ordinary costs, and failed to obtain double costs.
The court imputed $400,000 annual income to the respondent, ordered interim child and spousal support, declared post-secondary expenses as s. 7 expenses, and adjourned retroactive claims to trial.
The ValorReport, prepared by qualified experts and not effectively undermined, established a fair market value for Corkum's Electrical at $1,650,000; although Ms. Purcell held 50% of shares, her direct contributions to the operating business were limited, but section 13 required an award because approximately 42% of the business value derived from matrimonial assets held via the Numbered Company and Ms. Purcell made contributions and domestic sacrifices; accordingly the court awarded Ms. Purcell $330,000 (20% of share value), ordered equalization payments totalling $129,964.07, awarded owners…
Source excerpt
Interim family-law relief was granted in part: child and spousal support were ordered, the respondent’s shared-parenting bid failed, and the HK property could be sold.
Where a payor fails to make required income disclosure and fails to participate, the court may impute income using the most current available information, order retroactive child support calculated under the applicable child support table, and award costs for non‑disclosure and non‑attendance; applying that rule, income was imputed at $60,000 for 2023, child support was ordered retroactive to April 1, 2020, and costs awarded.
Source excerpt
Interim family-law orders were granted after incomplete disclosure: income was imputed, child and spousal support set, production ordered, a fine imposed, and a valuator appointed.
The appeal is allowed because the proper disposition to advance the interests of justice and the Family Law Rules was to transfer the appellant's spousal support application to the Superior Court of Justice so it could be determined with equalization and divorce; the Ontario Court of Justice dismissal is set aside and stayed, and the appellant is entitled to costs for the appeal.
Source excerpt
Interim child and spousal support was partly granted. The Court imputed $1 million income to the respondent, $200,000 to the claimant, and ordered prospective support only.
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