Angela Livingstone

The applicant brought a motion to enforce over $1.6 million in spousal support arrears and to stay the respondent's motion to change support.

The applicant sought to access the cash surrender value of five life insurance policies, three of which the respondent had recently transferred to his adult children without consideration.

The court found the transfers were fraudulent conveyances intended to defeat the applicant's claims and declared them void.

The court also held the policies were not exempt from seizure under the Insurance Act because the beneficiary designations were either made in breach of a prior court order or did not qualify for the exemption.

The respondent was ordered to cash in the policies and pay the proceeds to the applicant, and his motion to change was stayed until he complied.

In an addendum to a judgment on a motion to change, the court determined the exact quantum of a child support overpayment and addressed costs.

The court found the father overpaid $6,168.20 but reduced the repayment obligation to $1,500 due to the mother's financial hardship and the father's blameworthy conduct in failing to provide financial disclosure.

Despite the father's success on the child support issue, the court declined to award costs to either party, citing the father's bad faith non-disclosure.

The applicant mother brought a motion to change child support for the parties' 21-year-old disabled daughter.

The court set aside a 2019 consent order because the applicant failed to disclose that the child was receiving ODSP benefits.

Finding that the table amount was inappropriate given the child's ODSP income, the court ordered the respondent father to pay $321 per month, representing his proportionate share of the shortfall in the child's day-to-day expenses.

The court also ordered retroactive adjustments based on the father's historical income and required both parties to maintain life insurance to secure their support obligations.