Anthony Little

The applicant brought a motion to change a 1996 child support order, seeking retroactive child support, ongoing support for an adult child in full-time studies, and contribution to section 7 expenses.

The respondent had failed to provide income disclosure for several years and had received a grievance settlement after his employment was terminated.

The court ordered ongoing child support, fixed arrears at $12,500.40 retroactive to 2006 (including the grievance settlement in his income), ordered contribution to section 7 expenses, and required the respondent to maintain life insurance.

The applicant was awarded $10,000 in costs due to the respondent's failure to make timely financial disclosure.

The respondent husband brought a motion for interim spousal support despite a marriage contract containing mutual waivers of support.

The applicant wife opposed the motion, arguing the contract barred support.

The court applied the Miglin framework and found a triable issue regarding the enforceability of the contract, noting the husband lacked independent legal advice and signed it two days before the wedding.

The court imputed an income of $15,000 to the husband and ordered the wife to pay $600 per month in interim spousal support and maintain his health benefits.

The respondent father brought a motion to vary an ex parte interim custody order that had granted custody of his two children to their maternal uncle following the mother's suicide.

The court applied the best interests of the child test under section 24 of the Children's Law Reform Act.

The court found that the children had a strong bond with their father and expressed a clear preference to live with him.

Despite the uncle providing a stable home and the father having a dated criminal record, the court concluded that reuniting the children with their natural parent was in their best interests.

The motion was granted, and interim custody was awarded to the father.