3 total
The court imputed income to an intentionally underemployed respondent and awarded high-range indefinite and retroactive spousal support to the applicant caring for their disabled adult daughter.
This trial concerned an application for spousal support on both compensatory and non-compensatory bases.
The respondent conceded entitlement, leaving the quantum and retroactivity as the primary issues.
The court found the respondent lacked credibility, intentionally underemployed, and misrepresented his financial situation and relationship with a new partner.
The court imputed the respondent's income based on a three-year average and the applicant's income, ordering indefinite spousal support at the high end of the Spousal Support Advisory Guidelines.
Retroactive support was also ordered from the date of the application.
Paternal grandmother granted party status in child protection proceeding after having temporary care and custody.
The paternal grandmother brought a motion to be added as a party to a child protection proceeding.
She had been granted temporary care and custody of her two grandchildren under a previous without-prejudice order.
The society opposed the motion, arguing she was not a statutory parent and that adding her would cause undue delay.
The court found that the grandmother qualified as a statutory parent under the Child, Youth and Family Services Act because she had lawful custody of the children pursuant to the temporary order.
Alternatively, the court held she should be added as a party under the Family Law Rules, as her participation was necessary to determine the issues and was in the best interests of the children.
The motion was granted.
The father was awarded sole custody on summary judgment based on the teenager's wishes.
The respondent father, James Dasti, brought a motion for summary judgment to change a 2009 joint custody order to sole custody in his favour, with discretionary access for the applicant mother, Angela Ransom, and child support.
Ransom opposed, alleging parental alienation and seeking fixed access and mandatory counselling.
The court granted Dasti's motion, finding a material change in circumstances and no credible evidence of parental alienation.
The mature child's clear and justified wishes, which aligned with Dasti's requests, were determinative of the issues, including custody, access, and control over medical/educational records and passport matters.
