James H. Herbert

This is a judgment on a retrial of an application to vary spousal support provisions in a separation agreement dated April 29, 1997.

The applicant sought variation of spousal support effective July 1, 2009, while the respondent opposed the claim and sought termination of spousal support as of 2005 with repayment of all amounts paid since that time.

The court found a material change in circumstances based on the substantial increase in the respondent's income and the termination of child support.

The applicant was found to be entitled to variation on contractual, non-compensatory (need-based), and compensatory grounds.

The court ordered spousal support of $1,900 per month commencing July 1, 2009, of indefinite duration, recognizing the applicant's diminished earning capacity resulting from her assumption of domestic and child-care responsibilities during the marriage.

This is a four-day crown wardship trial concerning a child (J.1) aged 1½ years.

The Children's Aid Society of Toronto sought crown wardship with no access for purposes of adoption.

The maternal grandmother opposed this and sought placement of the child in her care.

The mother filed an answer but did not participate in the trial.

The court found the child to be in need of protection under the Child and Family Services Act and determined that crown wardship with no access was in the child's best interests, despite the maternal grandmother's offer to provide care.

The court considered the maternal grandmother's history with child protection agencies, her pattern of transience, changing family constellation, and the risks associated with placing an additional child in her already high-needs household.