2 total
Payor failed to establish inability to pay support arrears; default order issued with committal term.
The Director of the Family Responsibility Office brought a default hearing against the payor for accumulated spousal support arrears of $84,721.98.
The payor claimed an inability to pay due to mental health issues and financial hardship, but failed to provide independent medical evidence or current financial disclosure.
The court found the payor did not establish a valid reason for non-payment and failed to rebut the statutory presumption of ability to pay.
A default order was issued requiring ongoing support payments plus $1,000 monthly toward arrears, with a committal term of 3 days imprisonment for each breach.
Case dismissed decision
A child protection application brought by the Children's Aid Society against the respondent mother was dismissed after a 10-day trial spread over four months.
The respondent sought costs on a substantial indemnity basis, alleging the Society acted unfairly by filing voluminous documents, failing to investigate fully, and advancing seven unproven statutory grounds.
The court found no exceptional circumstances warranting a costs award against the Society, concluding the Society acted appropriately within its statutory mandate, the grounds alleged were well-founded and consistently communicated, and the respondent's failure to address document admissibility prior to trial was not attributable to the Society's conduct.
