Charley Levitan

The respondent father brought a motion for interim child support, including retroactive support for a period when he had primary care of the children after restricting the applicant mother's parenting time due to her impaired driving arrest.

The mother opposed the retroactive claim, arguing it would reward the father's unilateral self-help, and questioned his ongoing entitlement due to his fluctuating self-employment income.

The court granted retroactive support effective from the date the father gave formal notice of his claim, finding that the children should not be penalized for the father's conduct.

Ongoing offset support and proportionate sharing of section 7 expenses were also ordered based on the parties' 2021 stated incomes.

The applicant wife sought equalization of net family property and spousal support, alleging the respondent husband had substantial unreported cash income from his jewellery business.

The court rejected the applicant's expert evidence on hidden income and accepted the respondent's business valuation.

The court applied the presumption of resulting trust to the matrimonial home and a gifted property.

Income was imputed to both parties for support purposes.

The respondent was ordered to pay an equalization payment and ongoing spousal support, with adjustments made for previous advances and overpayments.

The applicant brought a motion for interim child support, interim spousal support, and an order striking the respondent's pleadings for failure to provide financial disclosure.

The court ordered that the respondent's pleadings regarding support be struck if he fails to provide the outstanding corporate financial statements and tax returns by a specified date.

The court dismissed the claim for interim spousal support, finding insufficient evidence for a compensatory claim and noting that the applicant had earned a high income post-separation, negating a non-compensatory claim three years post-separation.

The court imputed an income of $51,000 to the applicant based on a vocational assessment and increased the respondent's child support obligation to $800 per month for their shared custody arrangement, along with a proportionate share of section 7 expenses.