D. John Hamilton

A lengthy family law trial addressed custody, access, child support, and equalization following the breakdown of a marriage involving one child.

The court evaluated extensive evidence, including a s. 30 Children’s Law Reform Act assessment, and found that although both parents contributed to ongoing conflict, joint custody was not workable due to their inability to cooperate.

The court accepted the assessor’s recommendation that sole custody be granted to the mother, with structured and liberal access to the father, emphasizing the child’s best interests and the need for stability.

The father’s income was found to be intentionally under‑employed and was imputed for child support purposes.

The court also determined property equalization, preferring the mother’s net family property calculations with limited adjustments.

The appellants appealed a child protection order made by the Superior Court of Justice.

The Court of Appeal found no basis to set aside the order and dismissed the appeal.

The appeal was heard subject to the publication ban provisions of the Child and Family Services Act.