Kulbir Rehal

This case involved a motion to change a 2012 consent order concerning custody, access, child support, and international travel for a child with Cerebral Palsy.

The court found a material change in circumstances, noting the child's evolving needs, the primary caregiver's financial strain, and the parents' inability to co-parent effectively due to ongoing conflict.

The court granted sole custody to the primary caregiver, ordered supervised access for the other parent in Toronto, and permitted international travel to a non-Hague Convention country without a bond.

Retroactive and ongoing child support was ordered, and the other parent's counter-claims were dismissed.

Substantial costs were awarded against the non-compliant parent.

Rajeev Bhogal brought a motion for interim sole custody and child support for their eleven-year-old daughter, S, following the sale of the matrimonial home.

Prithy Jennifer Bhogal opposed, arguing the motion was premature given ongoing Office of the Children's Lawyer (OCL) involvement and due to contested affidavit evidence.

The court dismissed Rajeev's motion, finding it premature without OCL input and due to contested affidavit evidence.

Instead, the court ordered an interim shared parenting schedule as proposed by Prithy, pending OCL conclusions and a settlement conference.

The respondent father moved to set aside a default judgment obtained after an uncontested trial in a family law matter.

He claimed he did not understand court procedures, failed to respond promptly due to a learning disability, and had an arguable defense.

The court applied the five-factor test from Mountain View Farms v. McQueen, finding that the respondent did not bring the motion promptly, provided an implausible explanation for his default given his legal training and warnings, and failed to demonstrate an arguable defense on the merits of the original claims (separation date, matrimonial home value, equalization, custody, income, spousal support).

The motion was denied, and the applicant was awarded costs.