Ines Gotal

Following an eight-year separation, the parties were unable to resolve the division of their personal property and affinity points despite a separation agreement.

The respondent brought a motion for the return of items, which was converted into a short trial.

The court found the applicant to be an evasive witness who deliberately failed to comply with the agreement and court orders, particularly regarding Aeroplan points.

The court divided the disputed chattels item by item, set off the value of the Aeroplan points against amounts owed by the respondent, and awarded $20,000 in costs to the respondent due to the applicant's unreasonable conduct.

The appellant wife appealed a motion judge's order that retroactively reduced the respondent husband's child and spousal support obligations.

The motion judge had found a material change in circumstances because the husband, who previously had income imputed to him due to unreliable financial disclosure, filed tax returns and an accountant's report.

The Divisional Court allowed the appeal, finding no material change in circumstances as the husband's newly declared income was essentially the same as what he claimed at trial, and the accountant's report relied entirely on his self-reported figures which the trial judge had already deemed unreliable.

The retroactive reduction was also found to be in error.

The payor brought an application under the Interjurisdictional Support Orders Act seeking to terminate spousal and child support and rescind significant arrears arising from a 2004 support order.

The court found the payor voluntarily left a high‑income managerial position and failed to make reasonable efforts to obtain comparable employment or provide adequate financial disclosure, warranting imputation of income at $135,000.

While the recipient spouse had retrained, gained employment, and remarried, these changes justified only prospective termination of spousal support from the date of effective notice in 2013.

Child support arrears were not rescinded and additional post‑secondary education expenses were added to the arrears.

Spousal support was terminated effective September 1, 2013, with arrears after that date rescinded.