Tajinder Kaur Silva

This decision addresses the imputation of income for child support purposes where the father ceased working due to claimed mental health issues but failed to provide sufficient medical evidence or comply with court orders.

The court found the father deliberately under-employed without a valid medical excuse, imputed an annual income of $70,000 based on his prior earnings, and ordered child support accordingly.

The father’s failure to participate fully in the trial and produce medical witnesses led to adverse inferences and a costs award in favor of the mother.

The respondent father sought an adjournment of his child support trial, arguing inability to work due to severe anxiety and depression, and his psychiatrist's unavailability for cross-examination.

The applicant mother opposed.

The court, balancing the need for finality in family proceedings with the father's diligent efforts and the psychiatrist's health issues, granted one final adjournment.

The order set strict conditions for the father to obtain and produce medical evidence, including potentially a new psychiatrist, and made the next trial date peremptory.