The appellant father appealed an order granting retroactive child support and summary judgment enforcing a $24,000 equalization payment under a separation agreement.
The father argued his bankruptcy discharge released him from the equalization payment.
The Court of Appeal upheld the retroactive child support award, finding the father engaged in blameworthy conduct by failing to disclose significant income increases.
However, the Court set aside the summary judgment regarding the equalization payment, finding a triable issue existed as to whether the payment was actually in the nature of support, which would survive bankruptcy under s. 178(1) of the Bankruptcy and Insolvency Act.
