Dana Kalisky

This decision follows an uncontested trial regarding the residency, decision-making, and parenting time for two children wrongfully removed from Ontario to Lebanon by the respondent, Luna Mounir Andraos.

The court confirms final orders for the children to reside with the applicant, Amin Joseph Barakat, who is granted sole decision-making responsibility, and for the respondent to have only supervised parenting time.

The court also addresses the respondent’s ongoing defiance of previous orders and awards costs for the uncontested trial.

The decision addresses a motion by the applicant for retroactive and prospective child and spousal support, interim disbursements, striking the respondent’s pleadings or imposing financial penalties for non-compliance, and costs.

The court grants the motion in part, ordering child and spousal support based on the respondent’s self-reported income, imposing financial penalties for breaches of court orders, and requiring the respondent to provide further disclosure and retain a Chartered Business Valuator.

The court declines to add the respondent’s corporation as a party or pierce the corporate veil at this stage.

Costs are awarded to the applicant.

This endorsement addresses cross-motions for interim child and spousal support and the sale of the matrimonial home.

The court imputed the applicant father's income at $396,634 for support purposes, rejecting his request for a three-year average.

Interim child support was ordered on a set-off basis due to shared parenting, and interim spousal support was set to achieve a 50/50 split of net disposable income, applying an SSAG exception for compelling financial circumstances.

The respondent mother's request for security for support via life insurance was dismissed due to lack of evidence.

The court ordered the immediate sale of the matrimonial home, finding no basis for the respondent's request for exclusive possession, but stipulated that the sale completion should not occur before July 1, 2024.

The applicant father brought an urgent motion seeking the return of the parties' two children from Lebanon to Ontario.

The respondent mother had travelled to Lebanon with the children for a planned vacation but subsequently refused to return, commencing annulment and custody proceedings in a Lebanese religious court and obtaining a travel ban.

The Ontario Superior Court of Justice found that Ontario was the children's habitual residence and assumed jurisdiction under the Children's Law Reform Act.

The court declined to defer to the Lebanese court orders, finding that the father had not been given reasonable notice or an opportunity to be heard in those proceedings.

The mother was ordered to return the children to Ontario immediately.