Harjyot Kaur Dhaliwal

The respondent brought a motion to stay or dismiss the applicant's motion to change a final order, citing delay and non-compliance.

The applicant's motion to change initially sought changes to custody, access, and child support, but most issues became moot due to the children's ages and living arrangements.

The court declined to stay or dismiss the motion, finding it was not oppressive or vexatious, and that both parties had contributed to disclosure issues.

The court determined child support arrears owed by the respondent to the applicant for 2015-2018 to be $8,288, with 2014 arrears requiring a trial of an issue.

The respondent's request to compel production of an order and to prohibit future motions by the applicant was denied, as was the applicant's request to change driving arrangements.

The applicant brought a motion to change a separation agreement dated November 18, 2011, seeking clarification on two issues: arrears of child support and the fixing of income for the purposes of calculating child support under a shared parenting arrangement.

The respondent sought to impute income to the applicant at $80,000, arguing she was intentionally underemployed.

The court declined to impute income at that level and instead set the applicant's income at $45,000 for the purposes of section 9 of the Child Support Guidelines, considering her employment history, retraining efforts, caregiving responsibilities, and the manner in which the parties had structured their separation agreement.