Dhiren Chohan

The mother brought an urgent motion for the return of the children, interim spousal support, and an increase in child support.

The father brought a cross-motion to change the parenting time set out in an existing interim order.

The court found a material change in circumstances based on the children's desire to spend more time with the father, but maintained the mother's decision-making responsibility and primary residence due to the high conflict between the parents.

The father's parenting time was slightly increased.

The court also ordered increased child support based on the father's higher income and awarded interim spousal support to the mother.

The appellant father appealed an Ontario Court of Justice order requiring him to pay ongoing child support and arrears.

The parties were divorced in Finland, where a valid child support order was previously made.

The father had abducted the children to Morocco but they were later returned to Finland.

The Superior Court of Justice allowed the appeal and quashed the Ontario child support order, finding that under the Cheng v. Liu framework, the Finnish court had exclusive jurisdiction over child support because it granted the divorce and issued the initial support order.

The court noted the father's history of misleading authorities but held that the Ontario court lacked jurisdiction to create a competing child support order.

The moving party, a mortgagor in default, brought a motion to set aside a default judgment obtained by the mortgagee.

The mortgagee had obtained an order for substituted service while the mortgagor was overseas and subsequently secured default judgment and a writ of possession.

Applying the five-factor test under Rule 19.08, the court found that while the motion was brought promptly and the delay was explained, the mortgagor failed to demonstrate an arguable defence on the merits.

The court also found real potential prejudice to the mortgagee given the amounts owed and the modest value of the property.

The motion was dismissed.