The applicant and the Director of the Family Responsibility Office brought motions to determine the distribution of the remaining proceeds from the sale of the matrimonial home.
The respondent owed significant child support arrears, while a non-party brother held a default judgment against the respondent, and the CRA held liens for tax arrears.
The court held that under the Creditors' Relief Act, the support arrears had priority over the non-party's civil judgment, but not over the CRA's liens for debts owed to the Crown.
The court ordered the CRA liens to be paid first, followed by the support arrears.
The applicant was awarded costs of $10,170 against the respondent.
