Bedawi Tago

The applicant brought a motion for summary judgment to dismiss the respondent's motion to change a final child support order.

The respondent, who had accumulated over $34,000 in arrears and failed to comply with an order to obtain an Islamic divorce, sought to terminate his child support obligations, claiming his income was lower than imputed.

The court granted summary judgment, finding no material change in circumstance as the respondent's actual income was close to the imputed amount.

Alternatively, the court struck the motion to change under Rule 1(8) due to the respondent's flagrant disregard for prior court orders and failure to pay support.

The applicant sought to vary a Saskatchewan support order and vacate arrears through a provisional hearing in Ontario.

The court found the applicant credible, accepted his medical evidence limiting his ability to work, and determined his older children were no longer dependents.

The court vacated all arrears from January 1, 2015, to October 1, 2019, and found no ongoing support obligation for the youngest child due to the applicant's inability to pay.