Colin Thurston

The respondent father brought a motion for summary judgment to dismiss the applicant mother's Motion to Change a final child support order.

The final order had imputed an income of $60,000 to the mother after she failed to attend the trial or present evidence.

On the motion to change, the mother provided new evidence regarding her unemployment, the loss of her insurance broker's license, and the loss of her driver's license.

The court found this new evidence was sufficient to raise a genuine issue requiring a trial regarding whether there was a material change in circumstances.

The father's motion for summary judgment was dismissed, but no costs were awarded to the mother due to her prior conduct.

The applicant mother sought an order for primary residence, final decision-making authority, and permission to relocate with the parties' 10-year-old daughter from Aberfoyle to Ajax to live with her new partner.

The respondent father opposed the move and sought an equal shared parenting arrangement and joint custody.

The court denied the mother's request to relocate, finding that the move would be highly disruptive to the child and would sever her ties to her community, school, extended family, and father.

The court ordered joint custody and an equal week-about shared parenting schedule, finding that both parents were capable and loving, and that maximum contact with both parents was in the child's best interests.

Child support was ordered on a set-off basis in accordance with the shared parenting arrangement.

Former spouses brought competing motions to change and enforce a prior consent divorce order concerning child support and section 7 expenses.

The respondent sought quantification of the moving party’s share of post‑secondary education expenses for an adult child so the amount could be enforced through the Family Responsibility Office.

The moving party sought reimbursement for certain education expenses and a variation of ongoing child support for the younger child based on alleged material changes.

The court held that the parties’ consent order requiring equal sharing of section 7 expenses prevailed over proportional income arguments and assessed which claimed expenses were legitimate.

The court quantified each party’s obligations, reduced ongoing child support following the older child ceasing to be a child of the marriage, and ordered a net payment after credits.