Christopher Burrison

The moving party mother sought an interim order permitting her to relocate with the parties' three-year-old child from Toronto to Calgary, pending a final trial.

The mother, who had been the child's primary caregiver since separation, had secured a significant career opportunity in Calgary.

The responding party father, who exercised limited supervised parenting time due to severe and ongoing substance abuse issues, opposed the move.

The court applied the best interests of the child test and the factors for interim relocation, finding a strong probability that the mother's position would prevail at trial.

The court concluded that the move would not significantly impact the young child and granted the interim relocation, establishing a supervised parenting schedule for the father.

On a family law motion, the moving party sought temporary spousal support, temporary child support, and security following the breakdown of a long marriage with one economically dependent spouse and one high-income payor.

The court held that the moving party established prima facie entitlement to interim spousal support under s. 15.2 of the Divorce Act, declined to conduct a detailed imputation analysis on the motion, accepted the recipient's actual income, and fixed the payor's income at $508,000 for temporary support purposes.

The court ordered child support of $3,000 monthly retroactive to January 1, 2020, and spousal support retroactive only to August 1, 2020, rejecting claims for set-off based on expenses and declining to adjust support for cross-border tax consequences without expert evidence.

A support deduction order was directed to issue.