Dave Clark

This trial addressed the income of the self-employed applicant, child support, retroactive child support, and spousal support.

The court preferred the applicant's expert opinion on income, with a minor adjustment for an unreasonable rental loss deduction.

The respondent's claim of under-employment was rejected.

Retroactive child support was ordered from July 1, 2012, and ongoing child support was set using the set-off method.

The applicant was found entitled to compensatory and needs-based spousal support, with ongoing monthly payments ordered from January 1, 2018.

However, the claim for retroactive spousal support was dismissed due to concerns about hardship to the payor and the applicant's delay in providing reliable income evidence.

Following the consented annulment of the debtor's bankruptcy proposal, the moving party sought solicitor and client costs of over $62,000.

The court rejected the application of Rules 38.08(1) and 23.05(1), finding that section 197 of the Bankruptcy and Insolvency Act governed the costs motion.

Applying the factors in Rule 57.01(1), the court found the debtor's conduct in filing the proposal was ill-advised but not reprehensible enough to warrant solicitor and client costs.

Finding the claimed hours excessive and unreasonable, the court fixed costs at $8,000 inclusive of HST.