Lydia Stam

The applicant brought a motion for interim spousal support following the parties’ separation after a 34‑year marriage.

The parties were equal shareholders in a corporation through which the respondent earned income, but the corporation’s financial situation and the respondent’s current income were unclear due to incomplete financial disclosure and outstanding tax liabilities.

The applicant sought support based on an imputed income of $150,000 using the Spousal Support Advisory Guidelines.

The court held that there was insufficient evidence to determine an appropriate interim support order pending trial and declined to impute the proposed income.

Instead, the court ordered a temporary “interim, interim” spousal support payment for four months pending production of corporate financial statements and further questioning.

The court granted a motion to change a child support order after finding a material change in circumstances caused by the moving party's workplace injury and resulting income shift.

The variation was made retroactive to January 1, 2006.

Income for support purposes was recalculated using allocated WSIB loss-of-earnings benefits, a 30% gross-up for non-taxable amounts, and limited inclusion of repayment shortfalls.

No additional income was imputed after April 19, 2011.

For the adult children's post-secondary costs, the court required each child to contribute 50% of available employment income and student loan resources, with the moving party responsible for the remaining balances and specified guideline support periods.

The court also ordered payment of historic section 7 dental expenses and left costs for further written submissions if not agreed.