Andrew Alan Feldstein

The applicant brought a motion seeking interim child and spousal support and interim disbursements for a business valuation critique in a family law proceeding.

The primary issue was the respondent’s income for temporary support purposes, where the parties proposed significantly different income figures based on competing interpretations of corporate financial information.

The court accepted the respondent’s valuator’s income determination report prepared in conformity with Canadian Institute of Chartered Business Valuators standards and fixed the respondent’s income at $124,567 on an interim basis.

The court held that temporary support motions should avoid forensic accounting analysis where only one expert report is available.

Interim child support, mid-range spousal support, and partial interim disbursements to fund a critique report were ordered.

The respondent mother moved the child from Ontario to Alberta approximately two months after separation without notice to or consent from the applicant father.

The respondent argued that the court lacked jurisdiction because the child's habitual residence had changed to Alberta.

The court rejected this argument, finding that the child's habitual residence remained Ontario at the time the application was commenced.

The court held that a parent cannot unilaterally change a child's habitual residence by concealing a move and without the consent or acquiescence of the other parent, particularly when the period of de facto care is brief.

The respondent's motion to dismiss for lack of jurisdiction was dismissed.

The appellant appealed an order striking his pleading for unreasonable disclosure in a family law proceeding.

The Court of Appeal declined to interfere with the motion judge's finding and exercise of discretion.

However, the Court amended the order to clarify that the appellant has the right to move to set aside the default by demonstrating that his disclosure efforts justify reinstating his pleadings.

The appeal was otherwise dismissed with costs.