The respondent, Du Won Kim, brought a motion to stay a default proceeding initiated by the Director, Family Responsibility Office (FRO), and to prohibit further enforcement measures.
Mr. Kim alleged that Manulife Financial misdirected approximately $67,871.00 in bonus payments, which should have gone to the FRO for support arrears, to the Clerk of the Superior Court of Justice for other liabilities.
He sought an order for Manulife to pay the FRO or for the funds to be retroactively applied to his support arrears.
The court dismissed the motion, finding that the issues regarding Manulife's compliance with Support Deduction Notices should be addressed in the Superior Court of Justice in Brampton, where the original support order was made, within the context of Mr. Kim's Motion to Change Final Order, and not in the current default proceeding.
The court also noted serious notice problems as Manulife and the support recipient were not properly notified.
