Jacques Portela

This application concerned an oppression remedy claim brought by Rene Ziegelmaier against his former business partner, Casey Fisher, and several corporations involved in a microbrewery venture, as well as Frontenac Community Futures Development Corporation.

The applicant alleged oppressive conduct by Fisher, including being locked out of the business premises and bank accounts.

The court found numerous material factual disputes and credibility issues that could not be resolved on the application record.

Consequently, the court dismissed the application against Frontenac Community Futures Development Corporation and converted the remainder of the application into an action, directing the parties to exchange pleadings and proceed with discoveries.

This is a costs decision following a temporary motion where the applicant (mother) was successful in obtaining child and spousal support based on the respondent's (father's) imputed income.

The court awarded costs to the applicant, finding the respondent's conduct unreasonable due to a lack of complete financial disclosure and the filing of improper affidavits.

The court rejected the respondent's arguments to defer the costs decision pending an appeal and to reduce costs due to the applicant's legal aid status, affirming that legally aided clients are treated the same as other litigants for costs purposes.

The applicant mother brought a motion for temporary child and spousal support.

The respondent father, a self-employed bricklayer, claimed a modest income but failed to provide adequate financial disclosure regarding his business dealings, subcontractors, and cash deposits.

The court drew an adverse inference and imputed the father's income at $533,426.74.

Applying the Child Support Guidelines for incomes over $150,000, the court ordered table child support of $4,060 per month.

The court also found the mother entitled to compensatory and non-compensatory spousal support, ordering $5,000 per month on a temporary basis.