Nav Rai

This case involves two Status Review Applications brought by the Catholic Children’s Aid Society of Toronto concerning four children.

The Society sought extended society care for all children, while the father sought a twelve-month supervision order for all children to be placed with him.

The mother agreed to extended society care for the children.

The court assessed the children's best interests, considering their special needs, the parents' ability to provide consistent care, and the father's history of non-compliance and undermining placements.

The court found the father unreliable and secretive.

Ultimately, the court ordered extended society care for all four children, with specific access provisions where the children are the access holders, and the parents are the recipients, subject to the children's views and the society's discretion.

The applicant sought temporary spousal support following separation from the respondent after a four-year marriage.

The applicant, who lacks legal immigration status in Canada, sought $2,125 per month and imputation of $103,000 income to the respondent.

The respondent disputed financial dependency and claimed the applicant had undisclosed cash income.

The court found the applicant established a prima facie case for entitlement on both non-compensatory (need) and contractual (sponsorship undertaking) bases.

The court imputed income of $56,000 annually to the respondent based on unreasonable business expense deductions.

Departing from Spousal Support Advisory Guidelines due to basic needs exception and immigration sponsorship circumstances, the court awarded $1,000 per month in temporary spousal support commencing April 1, 2015, with arrears of $4,000.