Hilary Ingle

The applicant sought an interim 2-2-3 parenting schedule for their five-year-old daughter, N., following the parents' separation and the applicant's gender transition.

The respondent opposed, requesting a longer 'step-up' schedule.

The court considered N.'s best interests, noting her anxiety due to significant life changes and the respondent's role as primary caregiver.

The court ordered a phased 'step-up' parenting schedule, culminating in the applicant having parenting time 5 out of every 14 days, conditional on securing a suitable residence near the matrimonial home.

The court emphasized minimizing adverse impact on the child's well-being.

The respondent husband brought a motion to set aside a final order made after an uncontested trial, arguing that the equalization and spousal support calculations were based on mistakes and misrepresentations, and that his non-compliance was due to mental health issues.

The applicant wife brought a cross-motion to dismiss the husband's motion and to correct a $20,000 calculation error in the equalization payment.

The court applied the Mountainview Farms test and found the husband failed to provide a plausible explanation for his default or an arguable defence on the merits.

The husband's motion was dismissed, the order was amended to reflect the $20,000 credit, and costs were awarded to the wife.