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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.
The court ordered the respondent to provide sworn particulars of housing, household expenses, and partner contributions relevant to support claims, but refused third-party tax return production.
The Court of Appeal dismissed a family law appeal from a contempt finding, a 90-day jail sentence, and financial orders, holding the procedure was fair and the injunction covered new accounts.
The court dismissed most of a family-law disclosure application, found no material nondisclosure, declined to impute the requested income, and awarded costs against the respondent.
The court dismissed an interim sale of the former family home, increased the claimant’s interim distribution to $700,000, and ordered limited financial disclosure.
Relocation under the Divorce Act was refused because it would destabilize the children, especially the older child with special needs, and harm family relationships.
The appeal is dismissed because the trial judge applied the correct legal framework (best interests of the children), properly relied on the Voice of the Child report, made no palpable misapprehension of the evidence when declining to find parental alienation, and rightly refused to resolve complex financial disentanglement on an interim record lacking full disclosure; constitutional challenges, a stay and additional evidence were out of scope for this interim appeal.
Source excerpt
The court found the parties reached a binding settlement on April 6, 2024, and rejected the claim that inadequate financial disclosure invalidated it.
Interim child support was determined on a rough-justice basis, with the respondent’s Guideline income set at $1.5 million and monthly offset support ordered.
Application to vary child support and section 7 expenses. The court upheld per-child section 7 payments, found Noah and Emily ceased to be children of the marriage at different times, and imputed income to the respondent.
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