The respondent father brought a motion to change a child support order dated January 4, 2006, seeking to rescind all arrears.
The applicant mother did not respond and was noted in default.
The father claimed he had suffered a motor vehicle accident on December 21, 2011, resulting in injuries and depression that prevented him from working.
The court found that while the father's present ability to work had been compromised, he failed to establish a permanent future inability to pay.
The court terminated ongoing support obligations but rescinded only the arrears owing to the mother.
The arrears owing to the City of Toronto (assignee) were fixed at $31,000, with the father ordered to repay at $150 per month commencing March 1, 2015.
A default order was issued providing for jail time for non-compliance.