Cornelius Brennan

The applicant mother brought a motion for summary judgment regarding child support and the distribution of proceeds from the sale of jointly owned property.

The respondent father claimed he was unable to work or pay child support due to a bout of encephalitis, but provided insufficient medical evidence to support an ongoing inability to work.

The court found the father voluntarily left his employment as a truck driver and was intentionally under-employed.

The court imputed income to the father at $66,000 per year, calculated child support arrears, and ordered the applicant to be reimbursed for expenses incurred to prepare the joint property for sale.

The municipality brought a motion seeking appointment as receiver of a property owned by the respondents in order to evict residential tenants and enforce compliance with the Building Code Act after prolonged non‑compliance with court orders.

The respondents had previously been ordered to vacate the building, cease renting residential units, and bring applications before the Landlord and Tenant Board to terminate tenancies, but repeatedly failed to comply and continued to collect rent and conduct unauthorized construction.

Evidence showed ongoing building code violations posing health and safety risks to tenants and continued contempt of court orders.

The court found that the respondents had been given numerous opportunities over an extended period to purge their contempt but had failed to bring the property into compliance.

Relying on its jurisdiction under s. 101 of the Courts of Justice Act, the court appointed the municipality as receiver for the limited purpose of bringing eviction applications and ensuring compliance with safety requirements.