3 total
The court excluded a foreign asset purchased with personal injury damages from net family property and awarded compensatory spousal support.
The trial addressed equalization of net family property, child support, and spousal support.
The court found no equalization payment owing as the respondent's taxi business in Cuba, purchased with personal injury damages, was excluded property.
Retroactive child support was awarded to the applicant based on imputed income for the respondent's undeclared cash earnings.
Retroactive and ongoing compensatory spousal support was also awarded to the applicant, with the court departing from the Spousal Support Advisory Guidelines due to economic disadvantages and financial hardship arising from her traditional caregiving role during the marriage.
Passport returned and support temporarily varied after applicant lost employment.
The parties brought competing motions to change support provisions in a divorce judgment issued in 2000.
The applicant sought the return of his passport and temporary relief from existing child and spousal support obligations after losing his employment and receiving employment insurance benefits.
The respondent opposed the passport release due to concerns the applicant would leave the jurisdiction and avoid support obligations.
The court accepted evidence that the applicant had made bona fide efforts to secure employment and had limited prospects in Canada.
The court granted the passport return and temporarily suspended spousal support while reducing child support based on the applicant’s current employment insurance income.
The mother was found in civil contempt for repeatedly breaching a custody order and received a suspended 30-day jail sentence.
The father brought a motion for a finding that the mother is in contempt of a custody and access order dated 18 January 2011.
The order granted custody of the child Rafael to the father and restricted the mother's access to supervised visits only at a designated access centre, with no other contact permitted.
The mother repeatedly breached the order by having contact with the child at his school, involving other family members in the breaches, and instructing the child not to disclose the visits.
The court found the mother in contempt beyond a reasonable doubt, finding that the order was clear and unambiguous, the mother had proper notice, and she deliberately and wilfully breached it.
The mother was sentenced to 30 days incarceration, suspended on condition that she not breach any court orders in the case for three years.
The court also imposed restrictions on future litigation by requiring either parent to obtain permission before bringing further motions regarding custody, access, or support.
