Margaret McSorley

The applicant father and respondent mother separated shortly after the birth of their child.

The father sought joint custody and equal parenting time, while the mother sought sole custody.

The court found the parents were engaged in a high-conflict relationship and were unable to communicate or cooperate, making joint custody impossible.

However, the court also found that granting sole custody to the mother would likely lead to further conflict and marginalize the father.

The court ordered a parallel parenting arrangement with a week-about schedule, dividing decision-making responsibilities.

The court also imputed income of $150,000 to the father for child support purposes, finding he was intentionally under-employed, and declined to order the mother to pay child support despite the shared custody arrangement due to the significant income disparity.

The father's claims for occupation rent, vehicle lease reimbursement, and property equalization were dismissed.

The applicant and respondent separated after a 21-year common-law relationship.

The applicant sought a beneficial interest in several properties, spousal support, and priority over CRA liens, while the respondent sought retroactive child support.

The court found the parties were engaged in a joint family venture and awarded the applicant a 50% interest in two properties and a 33% interest in a third property purchased post-separation using joint funds.

The respondent's claim for retroactive child support was dismissed as the children were independent adults when the claim was made.

The court awarded the applicant retroactive and ongoing periodic spousal support, imputing income to both parties.

Finally, the court held that the applicant's constructive trust interest in the properties took priority over the CRA's subsequently registered tax liens.