Kevin Kavanaugh

In a family law motion arising from divorce, spousal support, and property claims, the court ordered the pre-trial sale of the jointly owned matrimonial home under the Partition Act.

The responding spouse's claims of prejudice, homelessness, and possession-based hardship were rejected, and the request for exclusive possession was dismissed after consideration of s. 24(3) of the Family Law Act.

Temporary without prejudice spousal support was fixed at $1,000 per month, no holdback from sale proceeds was ordered, and reimbursement claims relating to carrying costs of the home were deferred to trial.

The court also declined to require a business valuation but ordered an income report from a qualified accountant for support purposes and granted leave to amend pleadings on consent.

The applicant father brought a motion to change a 2016 access order to allow for unsupervised alternate weekend and mid-week access.

The respondent mother opposed the motion and sought retroactive child support.

The court dismissed the father's motion, finding he failed to establish a material change in circumstances as he had not addressed previous concerns regarding his reckless behaviour and substance abuse.

The court granted the mother's request for retroactive child support, ordering the father to pay support based on his income commencing March 1, 2016, as he had failed to disclose his income increases.