Elan Mendelsohn

The applicant mother sought sole decision-making responsibility and child support, while the respondent father opposed and sought sole decision-making himself.

The court ordered joint decision-making responsibility, adjusted parenting time, and imputed income to the father for child support purposes, ordering him to pay $2,150 monthly.

No costs were awarded due to divided success on the various issues.

The parties separated after a 13-year marriage during which the family relocated multiple times for the applicant's military career.

The respondent sacrificed her career and education to support the applicant and care for their children.

Following separation, the applicant's income fluctuated but generally increased, while the respondent relied on social assistance and suffered from mental health issues exacerbated by the applicant's conduct.

The court found the respondent had a strong compensatory claim for spousal support and was entitled to share in the applicant's post-separation income increases.

The court ordered the applicant to pay $215,788 in retroactive spousal support (after crediting a child support overpayment) and $8,449 in retroactive s. 7 expenses, including private school tuition.

The court declined to impute income to the respondent retroactively but imputed minimum wage commencing in 2024.

The parties brought competing urgent motions regarding the choice of school for their 7-year-old twin boys for Grade 2.

The applicant mother sought to enroll the children in an English secular school, arguing their English skills were weak and impacting their safety and relationships.

The respondent father sought to enroll them in a French Catholic school, consistent with their separation agreement, to maintain their Francophone heritage.

The court found that it was in the best interests of the children to attend the French Catholic school, noting that they would naturally acquire English living in Toronto and that the previous agreement between the parties remained appropriate.