George A. MacPherson

The respondent father brought a motion for summary judgment seeking a week-about parenting arrangement for his four children.

The court found a material change in circumstances due to the children's maturation and their expressed preferences for equal parenting time.

Summary judgment was granted for the three older children (aged 17, 15, and 13) to commence an alternating weekly parenting schedule, giving significant weight to their consistent views and the importance of maintaining sibling relationships.

However, for the youngest child (aged 7) who has ADD and expressed ambivalent views, the court determined that a genuine issue of material fact existed regarding his best interests, requiring a trial to resolve his parenting schedule.

The Children and Family Services for York Region ("the Society") brought a motion seeking three orders: placing a child (A.G.) in the Society's care, appointing independent legal counsel for the children (A.G. and M.G.), and requiring the father (J.G.) to undergo a sexual behaviours assessment, including phallometric testing.

The motion to place A.G. in care was adjourned by consent for kin assessments.

The court dismissed the request for independent legal counsel, finding it unnecessary and potentially detrimental in a case marked by parental alienation, where the children's views were already known and potentially influenced by the mother.

The court also dismissed the request for a sexual behaviours assessment, ruling it was not "necessary" under section 98(2) of the Child Youth and Family Services Act, given the inconclusive nature of the allegations, the intrusive nature of the testing, and the existence of other grounds for protection related to parental conflict and alienation.

The Applicant sought various interim orders including spousal and child support, retroactive support, section 7 expenses, exclusive possession of the matrimonial home, payment to a joint line of credit, interim disbursement, sale of a yacht, and a preservation order.

The Respondent brought a cross-motion to strike parts of the Applicant's affidavit and compel undertakings.

The court imputed an income of $300,000 to the Respondent for interim support purposes, declined to impute income to the Applicant, and ordered temporary spousal support of $7,000/month and child support of $2,878/month.

Retroactive support was adjourned to trial.

The court denied the interim disbursement request but ordered the sale of the yacht with net proceeds split equally after paying a loan.

Both parties were ordered to provide outstanding disclosure and undertakings.

A preservation order was continued with an added notice requirement for the Respondent's business shares.

The Respondent's request to strike evidence was dismissed.