Jonathan Krashinsky

Family law trial following separation of a married couple with one child.

The parties resolved most issues by consent at the outset of trial, leaving parenting time, spousal support, equalization, occupational rent, and carrying costs.

The court maintained the existing parenting schedule with the mother as primary parent, ordered periodic spousal support of $1,200 per month on compensatory and non-compensatory grounds, awarded $10,000 in net retroactive spousal support after crediting $30,000 in post-separation transfers, and determined an equalization payment of $22,434.29 owed by the applicant to the respondent.

The respondent's claim for occupational rent was dismissed, and the money taken from the respondent's mother's farm account for home renovations was found not to be a loan.

A divorce was granted.

The applicant father sought an interim order allowing the children to travel from Germany to Ontario, pending a determination of whether the Ontario court had jurisdiction over custody and access under the Children's Law Reform Act.

The applicant argued the court could make the order under s. 40 of the CLRA or its parens patriae jurisdiction.

The court held that s. 40 only applies after a court has determined it lacks jurisdiction, not before.

The court also declined to exercise parens patriae jurisdiction, finding no situation of necessity.

The request was dismissed pending the jurisdictional hearing.