Michael Mauro

The applicant brought a motion seeking production of the respondent’s income tax returns and notices of assessment, adjustment of child support, and contributions to extended health coverage for the parties’ children.

The court found that the motion was procedurally improper under the Family Law Rules and should have been brought as a motion to change a final order under Rule 15.

Although the applicant was initially unaware of the procedural error, the respondent’s counsel warned her that continuing the motion would result in a request for dismissal and costs.

The matter was ultimately resolved outside the court proceedings and the parties agreed the motion should be dismissed.

The court ordered the applicant to pay modest costs reflecting the respondent’s attendance and preparation.

The applicant father brought a motion to vary a 2009 child support order under the Interjurisdictional Support Orders Act.

The parties consented to increasing the base child support to $572 per month and changing the annual review date.

The court dismissed the father's request to eliminate his contribution to the child's tutoring expenses, finding they remained necessary extraordinary expenses under s. 7 of the Child Support Guidelines.

The court also declined to order mandatory RESP contributions or require the father to contribute to a potential Girl Guides trip to Europe due to insufficient evidence.

Arrears were fixed at $560.50 and no costs were awarded.