Gargi Chopra

On an interim family motion, the father sought permission to have the parties' adult disabled child move to Pennsylvania to live with him, together with interim support.

The court held that, despite presumptions of adulthood and capacity, there was sufficient evidence to justify treating the child on an interim basis as remaining subject to the court's jurisdiction pending trial on whether he remained a child of the marriage or lacked capacity.

The court refused the proposed relocation because the record did not establish adequate medical coverage, social supports, housing, employment, or assurance of return to Ontario, and because relocation risked loss of ODSP and OHIP benefits.

Instead, the court ordered that the child reside temporarily with a third party in Ontario, that ODSP benefits be reinstated and redirected for his benefit, and that both parents commence guardianship-related steps under the Substitute Decisions Act.

Following a common-law separation, the court determined parenting, child support, property, and spousal support issues concerning a young child and two real properties acquired during the relationship.

The court found joint custody was in the child’s best interests, despite significant parental conflict, because both parents could contribute to major decisions and safeguards could be imposed for deadlocks; the child’s primary residence remained with the respondent, with expanded parenting time to the applicant.

For support purposes, the court imputed income to the applicant based on undeclared cash earnings, declined to impute additional post-separation income to the respondent, and fixed child support under the shared custody framework in an amount above set-off but below full table support.

The respondent’s resulting trust claims to the Mariner and Leopold properties were dismissed because the presumption was rebutted by evidence of donative intent.

The applicant was awarded time-limited spousal support.

In a highly contentious family proceeding involving an adult child with significant disabilities, the court addressed whether the motion judge should recuse himself for reasonable apprehension of bias and whether he should assume case management of the file.

Applying the governing bias authorities, the court held that vague complaints about comments in procedural teleconferences and court appearances did not overcome the strong presumption of judicial impartiality.

The court further held that it had inherent jurisdiction, reinforced by the Family Law Rules, to appoint itself as Case Management Judge in order to control an increasingly unmanageable and disproportionately expensive process.

The recusal request was dismissed, case management was imposed, and procedural directions were issued respecting outstanding issues, costs submissions, and interim restrictions on the child's travel documents.

The appellant appealed a summary judgment order requiring him to repay $195,538.98 to a joint line of credit and $10,000 to a corporate respondent, arising from funds withdrawn during matrimonial proceedings.

The appellant argued the repayment obligations had not matured and were tied to other outstanding financial issues.

The Court of Appeal dismissed the appeal, finding the repayment obligations had matured based on the clear terms of the signed documents and the availability of funds, and that no triable issue was established.

The minor plaintiff was injured in a motor vehicle accident.

Her mother sued the driver and owner, who then issued a third-party claim against the plaintiff's parents for negligent supervision.

The parents' homeowners' insurer refused to defend the third-party claim, relying on an exclusion clause for bodily injury to any person residing in the household.

The application judge declared the insurer had a duty to defend.

The Court of Appeal dismissed the insurer's appeal, holding that the exclusion clause must be interpreted narrowly and only applies to direct claims between family members, not indirect third-party claims for contribution and indemnity.