Julie Amourgis

The respondent mother brought a motion to strike the applicant father's family law application pursuant to Rule 1(8) of the Family Law Rules for failure to comply with orders for child support and costs totalling $31,606.50.

The court applied the three-part test from Van v. Palombi and found triggering events were established given the father's complete failure to make voluntary child support payments and non-compliance with multiple costs orders.

Rather than striking the application outright, the court imposed a conditional order requiring payment of $35,106.50 (including costs of the motion) by a specified date, failing which the application would be struck and the matter would proceed on an uncontested basis.

The applicant mother brought a motion to change a previous parenting order to permit her to relocate with the parties' nine-year-old autistic son from London, Ontario to Moncton, New Brunswick.

The mother argued the move was necessary due to better French-language autism therapy programs and employment prospects in New Brunswick.

The court found a material change in circumstances due to the mother's inability to secure employment in Ontario and uncertainty regarding autism funding.

Applying the best interests of the child test, the court granted the relocation, finding the mother's plan was child-centered and would better meet the child's needs, while ordering adjusted parenting time and travel cost arrangements for the respondent father.

The respondent wife brought a motion for temporary spousal support.

The parties were married in India and the applicant husband sponsored the wife to come to Canada, signing a three-year Sponsorship Agreement.

They separated after 14 months of marriage.

The wife was receiving social assistance and retraining as a pharmacy technician.

The court departed from the Spousal Support Advisory Guidelines due to the short marriage and the Sponsorship Agreement, conducting a means and needs analysis.

The husband was ordered to pay $1,000 per month in temporary spousal support until June 2022, and $2,500 in costs.

The moving party brought an urgent motion to change final orders regarding child support and access.

The court dismissed the motion because the moving party failed to demonstrate genuine settlement efforts, failed to disclose a prior dismissal and unpaid costs order, and repeatedly failed to follow the Family Law Rules by using a Form 14 instead of a Motion to Change.

The moving party was ordered to pay $2,000 in costs and barred from bringing further motions until all costs are paid.

Following a successful motion by the defendants to set aside their noting in default and a default judgment under Rule 19.08 of the Rules of Civil Procedure, the court determined the issue of costs.

Although the defendants had been successful on the motion, the court declined to award costs.

The court noted the defendants required an indulgence due to their default and had delayed significantly in bringing the motion.

The plaintiff’s opposition to the motion was found to be reasonable in the circumstances, particularly given the defendants’ prolonged inaction.

The court concluded that fairness required no order as to costs.

The defendants brought a motion under Rule 19.08 of the Rules of Civil Procedure to set aside a noting in default and default judgment arising from an action for repayment of a loan.

The court considered the factors articulated by the Court of Appeal governing motions to set aside default judgments, including promptness of the motion, explanation for the default, existence of an arguable defence, prejudice, and the integrity of the administration of justice.

Although the court found the motion was not brought promptly and one defendant failed to provide an explanation for the default, the defendants established an arguable defence on the merits regarding repayment of the loan.

The court concluded that the interests of justice favoured setting aside the default judgment, particularly given the lack of prejudice to the plaintiff and funds being held in trust sufficient to satisfy any eventual judgment.