M. Giesinger

Following a trial decision ordering the applicant to repay overpaid spousal support, the court addressed several post-trial issues.

The court assumed jurisdiction to finalize the judgment despite the applicant's assignment in bankruptcy.

The respondent's request to redact the trial decision to anonymize the child was dismissed.

The court declined to adjust the spousal support repayment amount to account for tax consequences, finding the applicant paid no tax on the support and the respondent's tax liability was a matter for the CRA.

The respondent was awarded partial indemnity costs of $52,500 for the trial.

In a family law trial following a 10-year separation, the court resolved issues of child custody, child support, spousal support, and equalization of net family property.

The court maintained the existing joint custody and primary residence arrangement for the child.

Income was imputed to both parties: to the applicant for hiding business income and failing to provide financial disclosure, and to the respondent for taking voluntary early retirement.

The court denied the respondent's claim for an unequal division of net family property but ordered the applicant to make an equalization payment.

Furthermore, the court found the applicant was not entitled to the interim spousal support she had received for years and ordered her to repay $67,860 in retroactive spousal support overpayments.