2 total
The court imputed the respondent's income by excluding corporate losses maintained for personal benefit and ordered substantial support arrears.
This trial judgment addresses various family law issues following a marital separation, including spousal and child support, the valuation of a corporate interest, and an oppression remedy claim.
The court found the respondent's financial disclosure and credibility severely lacking, leading to adverse inferences regarding his income.
The respondent's income for support purposes was imputed by disregarding corporate losses that primarily served his personal lifestyle.
The applicant's claim for an oppression remedy was dismissed on procedural grounds due to prior partial minutes of settlement that did not list it as an outstanding issue.
Appeal from dismissal of motion to change support and denial of adjournment dismissed.
The appellant appealed the dismissal of her motion to change child and spousal support and the denial of her request for an adjournment.
The Court of Appeal found no error in the motion judge's exercise of discretion to deny the adjournment, noting the request was not supported by the record.
The Court also upheld the dismissal of the motion to change, finding the motion judge's determination of the respondent's income was supported by the evidence.
The appeal was dismissed, but no costs were awarded as the respondent had breached the underlying child support order.