Angelo Fazari

The respondent mother brought a motion for third-party production of the applicant father's complete employment file from the Canada Border Services Agency.

The father had brought a motion to change child support, claiming his income had decreased after resigning from the CBSA.

The mother sought the file to determine if he resigned to avoid termination for cause, which she argued would relate to intentional underemployment.

The court dismissed the motion, finding that the employment file was not relevant to explaining why the father left a higher-paying job for a lower-paying one.

The applicant father brought a motion to increase his access to the parties' three-year-old child.

The Office of the Children's Lawyer had conducted an investigation and recommended a gradual increase in access, noting that the father's doctor had no concerns about his pain medication management.

The respondent mother opposed the increase, citing ongoing concerns about the father's prescription medication use.

The court found the mother's concerns were unfounded and contrary to objective medical evidence, and granted the motion to increase the father's access.

The applicant moved for interim spousal support, seeking between $500 and $800 a month.

The parties had been married for 28 years and separated in 2013.

Both parties earned approximately $40,000 annually, with the respondent's income derived from a WSIB pension.

The applicant argued that additional income should be imputed to the respondent based on alleged cash work and unexplained deposits.

The court rejected the request to impute income, accepting the respondent's explanations that the deposits were from a cashed RRSP and transitional banking measures, and that he did not work for cash at his friend's shop.

The motion was dismissed with costs awarded to the respondent.