The Court of Appeal upheld an order striking an appellant’s family-law application for prolonged non-disclosure, finding the remedy justified under Rule 1(8).
The Ontario Court of Appeal dismissed an appeal over the parties’ separation date, holding the trial judge made no palpable and overriding error and properly applied Kassabian.
Ontario Court of Appeal dismissed a family law appeal, upholding equalization, imputed income and spousal support orders made on the respondent’s uncontradicted financial evidence.
Ontario Court of Appeal dismissed a family law appeal challenging striking of pleadings, valuation of a business interest, and imputed income for child support.
The appeal is dismissed: the Court upheld the trial judge's factual and credibility findings as entitled to deference, affirmed imputation of income to the appellant at $50,000 ongoing, upheld parenting arrangements including sole decision‑making for the respondent, found the marriage contract valid and enforceable (including exclusion of 39% of townhouse market value), confirmed the trial allocation of s.7 expenses, refused admission of fresh evidence, and awarded costs of $10,000 to the respondent.
The appeal was dismissed because the motion judge correctly exercised discretion to grant summary judgment given the appellant's prolonged failure to provide disclosure and absence of credible evidence on key assertions, the rejected late evidence did not meet criteria for admission, the correct portion of the personal injury settlement was excluded, and the appellant failed to establish legal entitlement to spousal support.
Appeal dismissed; trial judge correctly found respondent had both compensatory and non-compensatory entitlement despite an imputed income, properly exercised discretion in applying SSAG and NDI analysis to fix spousal support at $20,000 per month for 9.5 years (commencing Jan 1, 2023 and terminating Aug 1, 2032), properly included appellant's post-separation income for partial sharing, did not err in receiving support calculations, and permissibly awarded prejudgment interest on the $474,744.36 equalization payment; no appellate intervention warranted.
The trial judge’s findings that the husband contributed to acquisition of the homes were supported by the evidence and warranted application of the presumption of resulting trust; s.14 need not be determinative where the general resulting trust presumption applies; the mortgage registered by the wife after separation is a post‑separation debt for which she alone is responsible; any mischaracterization of s.5(6) had no practical effect on the outcome; appeal is dismissed.
The trial judge's factual findings and credibility determinations were open to him on the evidence and not palpably or overridingly wrong; accordingly the appellate court will not intervene, affirming dismissal of the appellant's claims except for the limited equalization award, rejecting entitlement to spousal support and IIED damages, and denying leave to appeal the costs order.