Johnnie Cox

This supplementary judgment addresses the penalty for the husband's contempt of court, including the violation of a mareva injunction and preservation order, the issue of a stay pending appeal, costs, mathematical corrections, and further procedural matters.

The court imposes a 90-day custodial sentence, finds the husband acted in bad faith, and awards costs to the wife.

The judgment also addresses the husband's request for a stay, the process for varying the sentence if the husband purges his contempt, and the next steps in related proceedings.

The court considered whether Ontario had jurisdiction to hear a family law application involving parties with significant international connections, including property in the Bahamas and Spain, and a prior divorce proceeding commenced in Spain.

The court found that Ontario had jurisdiction over all claims, including divorce, support, decision-making responsibility, and property/equalization, due to the real and substantial connection between the parties and Ontario, particularly as the applicant and one child were ordinarily resident in Ontario.

The respondent's motion to stay or dismiss the application for lack of jurisdiction or on the basis of forum non conveniens was dismissed.

The applicant husband and respondent wife separated in 2009 after a 10-year marriage marked by family violence.

The husband initiated the proceeding in 2010 but subsequently engaged in a 14-year pattern of chronic non-disclosure, hiding assets in offshore accounts, and breaching numerous court orders, resulting in his pleadings being struck.

Following an uncontested trial, the court drew adverse inferences against the husband and imputed his income at $300,000 for 2010-2017 and $200,828 thereafter.

The court ordered the husband to pay an equalization payment of $2,670,870.32, plus prejudgment interest of $791,455.71, and a lump sum of $1,231,355.39 for retroactive and prospective child and spousal support.

The court also found the husband in contempt for breaching a 2019 Mareva injunction, pierced the corporate veil of his companies to enforce the judgment, and granted the wife leave to bring a contempt motion against the husband's former counsel.