J. J. Chaimovitz

The applicant father brought an application under the Hague Convention seeking the return of the parties' child to Israel.

The parties had moved from Israel to Ontario so the respondent mother could attend a veterinary residency program.

They separated shortly after arriving when the respondent discovered the applicant using dating websites.

The court found that despite the short duration of their stay before separation, the parties had established a settled intention to reside in Ontario for at least three years.

Consequently, the child's habitual residence was Ontario, and the Hague Convention application was dismissed.

The applicant and respondent separated after a 10-year marriage.

The applicant sought spousal and child support, claiming the respondent misrepresented his income to lower his support obligations in 2005.

The respondent and his new wife operated a group of printing and labelling companies, maintaining they were separate businesses.

The court found the respondent and his new wife created a fiction of separate businesses to shield income.

Relying on expert accounting evidence, the court pierced the corporate veil, combined the operations, and imputed income to the respondent based on a 50 percent ownership of the joint venture.

The court awarded the applicant ongoing compensatory and needs-based spousal support, child support, and retroactive support dating back to 2006, fixing arrears at $160,322.