S. Golestani

On a family law summary judgment motion arising from an international marital dispute, the court refused the responding party's adjournment request where delay threatened Ontario's jurisdiction over spousal support and reflected prolonged non-compliance with disclosure and support obligations.

Applying the family law summary judgment framework informed by Hryniak, the court granted final sole custody and primary residence to the mother, with liberal Ontario and electronic access to the father, but held that access in Trinidad and Tobago required a trial.

The court imputed income of $100,000 to the father under the Child Support Guidelines because of persistent non-disclosure, ordered retroactive child support of $22,000 and ongoing support of $880 per month, and made a final $1 lump sum spousal support order to preserve jurisdiction while reserving quantum and duration pending calculations.

Summary judgment on equalization was dismissed for want of sufficient evidence.

The respondent father brought a motion to change a final support order dated September 6, 2012, seeking to retroactively reduce child and spousal support and rescind arrears.

The father claimed his income had substantially decreased after he voluntarily left his long-term employment as a store manager earning approximately $82,000 annually to accept a lower-paying position earning $32,000 per year.

The applicant mother opposed the motion and sought dismissal with costs.

The court found a material change in circumstances but determined the father was intentionally underemployed and imputed income to him based on his earning capacity rather than his actual reduced income.