Ian G. Pearson

The Children's Aid Society brought a status review application regarding a 7-year-old child who had been residing with her paternal grandmother and step-grandfather (the kin) for over five years.

The mother sought unsupervised access or custody, but a parenting capacity assessment and past access attempts indicated unsupervised access was detrimental to the child.

The court found that the child was no longer in need of protection while in the care of the kin.

The court ordered that the child be placed in the legal custody of the kin under the Children's Law Reform Act, with the mother granted supervised access and telephone contact at the discretion of the kin.

The moving party sought to vary a spousal support order following a catastrophic stroke that significantly reduced his income.

The responding party opposed termination of support, asserting inability to work due to fibromyalgia and ongoing financial need.

The court found a material change in circumstances under s. 17(4.1) of the Divorce Act due to the payor’s permanent disability and reduced income.

The court rejected the recipient’s claim of unemployability due to insufficient medical evidence and imputed minimum-wage income, and also drew adverse inferences regarding financial need because the recipient was cohabiting with a new partner without providing financial disclosure.

Spousal support was reduced substantially and structured to decline in stages rather than terminated.