John Sheard

The parties separated after a 25-year traditional marriage.

The central issue at trial was the equalization of net family properties, specifically the respondent's claim to exclude $894,000 as funds traceable to gifts from his late father.

The court rejected the exclusion claim, finding the respondent concocted the gift letters and failed to trace the funds.

The court also determined the parties' incomes for support purposes, declining to impute the applicant's income to her previous banking salary due to health and educational limitations.

The respondent's claim for spousal support was dismissed, and child support obligations were determined for the adult children.

The respondent father obtained an Ontario divorce order after the parties’ separation and ongoing international custody dispute involving their child, who had been retained in Poland by the mother.

The mother moved to set aside the divorce order on the basis that it was granted before the expiry of the 60‑day period to file an answer under the Family Law Rules.

The court acknowledged the procedural irregularity but held that the moving party remained in contempt of prior Ontario orders requiring the return of the child and production of medical records.

The court found it would be an abuse of process to allow the motion while the contempt continued and where the practical effect would facilitate further defiance of the Ontario custody order.

The motion was stayed pending the mother purging her contempt and the matter was referred for possible international judicial communication with Polish courts.