2 total
Retroactive child support ordered due to payor's blameworthy conduct in failing to disclose income increases.
The applicant brought a motion to change a 2004 child support order, seeking increased ongoing support and retroactive support due to the respondent's failure to disclose significant increases in his income.
The court found the respondent engaged in blameworthy conduct by ignoring the court order to provide annual income tax returns.
The court ordered ongoing child support based on an imputed income of $50,000 and awarded retroactive child support back to January 1, 2008, totaling $52,632 plus interest, with the applicant permitted to pursue further retroactive support at trial.
Contempt denied where financial disclosure delay was not deliberate or willful.
The applicant brought a contempt motion alleging the respondent failed to comply with a prior court order requiring financial disclosure, including tax returns, notices of assessment, and a financial statement in relation to a motion to change child support.
Although the respondent did not initially comply with the disclosure deadline, he later produced substantial documentation after retaining counsel and made reasonable efforts to obtain records from the Canada Revenue Agency and former accountants.
Applying the three‑part test for contempt requiring proof beyond a reasonable doubt of a deliberate and willful breach of a clear order, the court found the respondent’s conduct did not meet the required standard.
The evidence did not establish a deliberate or persistent refusal to comply.
The contempt motion was therefore dismissed, though the court found the respondent’s delay in disclosure unreasonable and ordered that the applicant be entitled to costs despite the dismissal.
