Gladys Aghimien

This trial decision addresses child support arrears, ownership and equalization of the matrimonial home, and net family property.

The court found the applicant's credibility to be severely lacking, particularly regarding allegations of fraud concerning a property agreement and mortgage documents, and his disclosure of pension assets.

The court imputed income to the applicant for child support purposes.

It was determined that a property agreement governed the matrimonial home, removing it from equalization calculations and stipulating that the respondent would receive the first $65,000 of net equity upon sale, with the balance divided equally.

The applicant's interest in the home was declared to crystallize only upon sale, without a right to force sale.

The applicant was ordered to pay child support arrears and an equalization payment.

Motions to change a joint custody order where the mother faces deportation to St. Vincent.

The mother sought sole custody and permission to take the child with her; the father sought sole custody with the child remaining in Canada.

The court found a material change in circumstances warranting review.

While joint custody continued during the mother's residence in Canada, the court ordered that upon deportation, sole custody would transfer to the father in Canada, with specified access for the mother including two months summer access and alternate winter holidays in St. Vincent.

Child support obligations were terminated upon deportation, with arrears to be repaid at an increased rate.