D. Manning

The applicant child, a Crown ward with significant special needs, brought a summary judgment motion through counsel to dismiss the biological mother's claim for an openness order following his proposed adoption.

The biological mother sought to maintain the face-to-face access she had under the Crown wardship order.

The court found no genuine issue for trial, noting that the mother struggled to understand her changed role and that her volatility caused stress to the prospective adoptive parents.

Emphasizing that the purpose of an openness order is to support the success of the adoption, the court dismissed the mother's claim for face-to-face contact and ordered limited email openness as offered by the adoptive parents.

The applicant brought a motion to find the respondent in contempt of court for failing to comply with a prior consent order requiring him to hold proceeds from the sale of his insurance business in trust.

The respondent received a $100,000 installment early but failed to place it in trust, instead paying half to the applicant toward equalization and keeping the rest.

The court rejected the respondent's arguments that the order was a payment order exempt from contempt proceedings or that the terms were vague.

The court found beyond a reasonable doubt that the respondent wilfully and deliberately disobeyed the order and found him in contempt.

The respondent spouse brought a motion seeking a reduction in spousal support following a layoff and transition to commission-based employment.

The applicant spouse opposed the reduction and argued that the respondent’s historical earnings and earning capacity justified a higher imputed income.

The court held that, on an interim motion without credibility findings, caution should be exercised before imputing income where there has been a clear reduction in actual earnings.

The court fashioned a temporary stepped support structure to balance the parties’ financial hardship while allowing time for the respondent to re-establish income.

Reporting obligations regarding loan repayment and income were also imposed.