F. Graham

The applicant brought a motion to find the respondent in contempt of court for failing to comply with a prior consent order requiring him to hold proceeds from the sale of his insurance business in trust.

The respondent received a $100,000 installment early but failed to place it in trust, instead paying half to the applicant toward equalization and keeping the rest.

The court rejected the respondent's arguments that the order was a payment order exempt from contempt proceedings or that the terms were vague.

The court found beyond a reasonable doubt that the respondent wilfully and deliberately disobeyed the order and found him in contempt.

The applicant brought a motion seeking temporary exclusive possession of the matrimonial home and temporary spousal support following separation.

The court implemented a temporary “week about nesting arrangement” to maximize the children’s contact with each parent pending development of a parenting plan.

Applying s. 15.2 of the Divorce Act, the court found the applicant had at least a non‑compensatory entitlement to spousal support, leaving any compensatory claim to trial due to conflicting evidence regarding caregiving roles during the marriage.

The court declined to impute income to the applicant, finding she had made reasonable efforts to obtain employment.

Temporary spousal support was ordered together with interim financial obligations and life insurance security.

In a family law motion to change following several prior consent orders, the court determined parenting access, child support, extraordinary expenses, and arrears.

The parties shared joint custody of a child whose primary residence remained with the mother while the father had relocated to British Columbia.

The court held that extended summer access with the father was in the child’s best interests and ordered five consecutive weeks of annual summer parenting time along with structured telephone contact.

Table child support was set using the payor’s province of residence pursuant to the Child Support Guidelines, and extraordinary expenses were converted from a fixed monthly contribution to proportionate sharing.

Existing arrears established by consent were not reduced, though the monthly repayment amount was lowered due to the payor’s reduced income.