On cross-summary judgment motions in a family support dispute, the court found there was no genuine issue for trial and made final orders respecting child support, arrears, and section 7 expenses.
The court held that an adult child in the third year of a first university degree remained a dependent child and continued to attract support, with a summer formula while residing at home.
The payor's undue hardship claim under s. 10 of the Child Support Guidelines failed because the evidence did not establish exceptional, excessive, or disproportionate hardship or support a favourable household standard-of-living comparison.
Ongoing support was based on actual line 150 income, child support arrears were fixed, post-secondary section 7 arrears were ordered, and a forward-looking formula for special and extraordinary expenses was imposed.
