D. Sherr

The applicant brought a motion to strike the respondent's pleadings due to his failure to comply with numerous court orders regarding spousal support, costs, and financial disclosure.

The respondent claimed impecuniosity, which the court rejected, finding he had significant equity in the former matrimonial home and led a lavish lifestyle.

The court held that the respondent's non-compliance was wilful.

Recognizing that striking pleadings is a remedy of last resort, the court ordered the respondent to pay all outstanding costs and spousal support arrears within 150 days, failing which the applicant was granted leave to renew her motion to strike his pleadings and proceed to an uncontested trial.

The applicant father brought a motion to expand his parenting time with the parties' three-year-old child to include overnight visits, aiming for a 50/50 schedule.

The respondent mother opposed the motion, citing allegations of past family violence and requesting a mental health assessment of the applicant.

The court considered the best interests of the child under the Divorce Act, noting that while there was evidence of high conflict and some violence during cohabitation, there were no concerns regarding the applicant's parenting post-separation.

The court granted the motion in part, expanding the applicant's parenting time to include two overnights per week on an interim basis, but declined to order a 50/50 schedule to maintain stability for the child.