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Family trial on child and spousal support, income imputation, Air Miles access, and life insurance. The court set a staged support schedule and allowed the respondent to remove the claimant as beneficiary.
Summary trial on a separation agreement: the court awarded damages for breach of a life-insurance security clause, dismissed a boat claim as statute-barred, and rejected an Aeroplan points claim.
The sentencing court confirmed that the finding of contempt stands and the sentencing phase cannot be used to relitigate that finding except in narrow circumstances; the Court of Appeal’s subsequent vacatur of the corollary relief order was considered but did not retroactively absolve respondent because the order remained operative until the appeal decision and no stay was sought; given mitigating factors (partial purge, efforts to comply, no prior contempts, travel concerns) the appropriate sentence is a conditional discharge on two counts, fines of $500 per count (total $1,000) and court co…
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On a de novo spousal support review, the court imputed income to the claimant, declined to require the high SSAG range, and set support at $1,852 monthly.
En una disputa familiar tras un matrimonio de 36 años, el tribunal fijó pericia de ingresos, otorgó manutención conyugal, reaparticionó parcialmente un activo y ordenó otras medidas patrimoniales.
The appeal is dismissed because the application judge's factual findings—that there was no evidentiary basis for fraud or lack of capacity, that the respondent assisted the deceased and accounted for insurance proceeds, and that the insurance policy did not form part of the estate—were supported by the record, there was no procedural unfairness, alternative procedural remedies were available to the appellant, and the costs award was a proper exercise of judicial discretion.
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The court granted divorce, approved agreed custody and child support terms, awarded partial retroactive section 7 expenses, reapportioned house proceeds, and denied spousal support.
On the balance of probabilities the wife proved entitlement to relief: the husband dissipated assets and failed to provide medical evidence to rebut imputation, so income of $26,000 was imputed to him; pensions accrued during marriage are divisible equally; given the parties' means and the wife's disability and need, the husband must pay periodic spousal support of $650/month in addition to half the gross military pension and a lump sum of $1,610.60 for immediate medical/dental needs; the husband must provide life and health insurance coverage or reimburse according to specified percentages.
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The trial judge’s lump sum award and characterization did not, on its face and given the numbers, provide ongoing spousal support; applying the Divorce Act objectives to the parties’ incomes, length and contributions of a 21-year marriage, and the appellate deference to trial findings on s.7 expenses, the court ordered transitional spousal support of $1,500/month (Apr 1, 2007–Mar 1, 2012) and ordered continued health insurance and life insurance beneficiary designation for the appellant while respondent is obliged to provide support, while declining to disturb the trial judge’s treatment of p…
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Shared parenting on a week-about basis was ordered because both parents were fit and loving, the father established proximate residence and logistical supports minimizing disruption, the parties demonstrated sufficient capacity to cooperate, and maximizing contact consistent with the best interests of the children (per s.16(10) and Young) outweighed the mother's proposal for primary residence; mother retained final decision-making authority based on historical role and responsible exercise; child support calculated by offset produced a net monthly obligation of $1,002 payable by the father; s…
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