David Gray

The parties attended a Trial Management Conference for a motion to change a U.S. parenting and child support order.

The court found the parties were unprepared for trial, having failed to confer, prepare a joint Trial Scheduling Endorsement Form, or address significant jurisdictional issues regarding the adult disabled child and the foreign divorce.

The court ordered a further TMC and directed the parties to exchange will-say statements, requests to admit, and research on jurisdiction.

The father moved for a stay pending appeal of an order requiring him to provide a notarized copy of his severely autistic child's passport and OHIP card to the mother.

The mother, a Ghanaian diplomat, required the documents to obtain a travel visa to return to Canada and resume equal parenting time.

The court admitted fresh evidence from an immigration lawyer but ultimately dismissed the motion for a stay, finding no irreparable harm to the father and that the balance of convenience and the child's best interests favoured the mother returning to Canada.

The applicant brought a motion seeking temporary spousal support following the breakdown of a long-term marriage.

The respondent brought a competing motion seeking temporary child support and other relief relating to the parties’ adult child attending university.

The court found that the evidentiary record was insufficient to determine issues of retroactive support or special and extraordinary expenses due to changing circumstances relating to the child.

Considering the length of the marriage and the applicant’s disability income compared to the respondent’s significantly higher employment income, the court ordered interim spousal support of $1,000 per month effective September 1, 2015.

All issues of retroactivity and set-off were reserved to the trial judge.