Neil J. Arnold

The applicant mother brought a motion for interim child and spousal support, and for an order requiring the respondent father to consent to counselling for their child.

The father brought motions regarding primary residence and OCL involvement, which were adjourned.

The court ordered the father to consent to the child's counselling at a specific agency.

For child support, the court applied a set-off calculation based on the parties' current incomes, resulting in the father paying $43 per month, and capped section 7 expenses at $1,000 per child annually.

The claim for interim spousal support was dismissed without prejudice to the trial judge, as there was insufficient evidence regarding compensatory claims or need.

The moving party brought a motion for temporary relief within a motion to change a final consent order, seeking to terminate his spousal support obligations and fix arrears.

He argued that his income had significantly decreased since his days as a successful mining executive, culminating in a consumer proposal.

The court dismissed the motion for temporary relief, finding no material change in circumstances because his current income was comparable to the income known and imputed to him at the time the final consent order was made in 2014.

The court held that a trial was necessary to resolve conflicting evidence regarding his income deductions and actual financial means.

The applicant brought a motion to stay the respondent's motion to change a final order, seeking security for costs and an order barring further motions without leave, due to the respondent's failure to pay nearly $40,000 in prior judgments and costs.

The court found that while allowing the motion to change to proceed was an abuse of process given the respondent's willful non-compliance, a stay would cause an injustice because the respondent's motion had prima facie merit regarding spousal support overpayment.

The court denied the stay and the request to bar further motions, but ordered the respondent to post security for costs in the amount of $15,139.38, representing the total of outstanding costs awards.