M. J. McLaren

Following an eleven‑day family trial concerning custody, access, mobility, and child support, the court addressed a dispute arising from the mother's relocation from Kitchener to Wasaga Beach with the parties’ child.

The father sought primary residence and termination of his support obligations, while the mother sought permission to relocate and retroactive child support.

Applying the best interests test from Gordon v. Goertz, the court held the relocation was permissible and that the mother would retain primary residence, with expanded access to the father.

The court also found the father engaged in blameworthy conduct by failing to disclose income increases and ordered substantial retroactive child support.

Ongoing support was recalculated based on imputed income reflecting corporate dividends and income splitting.

Following a family law trial addressing unresolved corollary relief issues after separation, the court determined income for support purposes, spousal support entitlement, child support, access terms, and disposition of the matrimonial home.

The court held that a non‑taxable per diem employment allowance should be included as income for support calculations, though not grossed up for tax purposes, distinguishing cases where such allowances strictly offset additional family residence costs.

The court declined to impute income to the applicant spouse given her recent separation, caregiving responsibilities, and retraining plans.

Applying the Spousal Support Advisory Guidelines, the court ordered mid‑range spousal support and confirmed retroactive support calculations using actual income for the relevant year.

The matrimonial home was ordered listed for sale and access provisions were set for Christmas and professional activity days.