Patricia A. Smyth

Father brought a motion to change child support orders made in 2011 and 2012, seeking to reduce support based on claimed lower income.

Mother responded seeking dismissal of the motion and retroactive adjustment of support based on imputed income, claiming father had undisclosed income and assets.

Court found father engaged in blameworthy conduct including non-disclosure of property ownership, failure to comply with financial disclosure orders, and dishonesty regarding his financial situation.

Court imputed income of $60,000 annually to father and ordered retroactive adjustment of both table amount and section 7 expenses from the date of the original order, with significant arrears owing.

A costs endorsement arising from a contested motion regarding access and ancillary orders for two children.

The respondent father was successful on all disputed issues concerning whether the applicant mother's partner could be present at exchanges and whether the father could pick up children at school.

The court awarded full costs recovery to the successful respondent, finding that the applicant acted unreasonably by insisting on her partner's involvement despite evidence of that partner's role in escalating conflict and despite the applicant's awareness of false statements made regarding the basis for the partner's bail conditions.

The respondent mother brought a motion for summary judgment seeking sole custody of three children, no access or supervised access for the applicant father, child support, and a restraining order.

The applicant father sought joint custody and equal time-sharing.

The court granted summary judgment on most issues, finding no genuine issue requiring trial regarding custody, restraining order, and child support.

On the issue of access, the court applied expanded summary judgment powers to determine that supervised access should continue at the Toronto Supervised Access Centre rather than terminating access entirely, as the children benefit from their relationship with their father despite his history of alcohol abuse, failure to pay support, and concerning behaviour.