3 total
Draft order for minor settlement rejected for failing to properly address foreign currency conversion requirements.
The litigation guardian sought approval of a settlement for three minor plaintiffs following the death of their mother in a 2009 airplane crash.
The court had previously approved the settlement but required the draft order to be revised to comply with s. 121 of the Courts of Justice Act regarding foreign money obligations.
The court rejected the second draft order, finding it merely inserted formulaic statutory language without properly specifying the Canadian dollar equivalent or confirming whether the funds had already been received in trust.
The court directed counsel to file an amended affidavit and submit a further revised draft order.
Interim spousal support of $1,100 per month ordered after imputing additional income to the respondent.
The applicant brought a motion for temporary spousal support under the Family Law Act following an eight-year marriage.
The applicant was primarily a stay-at-home mother, while the respondent worked full-time and earned additional compensation through travel agencies.
The court imputed an additional $10,000 to the respondent's income for his travel agency work and ordered him to pay $1,100 per month in interim spousal support based on the parties' respective incomes and needs.
Appeal dismissed; Ontario lacked jurisdiction over custody dispute as child was not habitually resident there.
The appellant mother appealed a motions judge's decision denying her request for a declaration that Ontario had jurisdiction to entertain custody, access, and support proceedings relating to the parties' child.
The parties had lived primarily in Quebec, but the mother moved to Ontario with the child upon separation.
The Court of Appeal upheld the motions judge's finding that the child was not habitually resident in Ontario at the time the application was commenced, as there was no agreement or acquiescence by the respondent father.
The court also found no error in the conclusion that the balance of convenience favoured Quebec.
