Payal Malhotra

Donald Seale brought a motion for summary judgment to dismiss all claims made by Nafeeza Caroline Seale, primarily concerning adult child support for their 30-year-old son with autism.

Donald argued that a previous consent order from 2013, which dismissed "All remaining claims by each party against the other" had already adjudicated the matter.

Nafeeza asserted she did not realize she was waiving support for their son at the time, as her focus was on compelling Donald to remove a lien from the matrimonial home.

The court dismissed Donald's motion, finding a genuine issue for trial.

The judge emphasized that a child's right to support cannot be waived by a parent, especially for a disabled adult child, and that Nafeeza's credibility regarding her understanding of the consent order required a full trial.

The respondent spouse brought a motion for interim spousal support following a short marriage that ended shortly after the respondent immigrated to Canada through the applicant’s sponsorship.

The court considered whether a spouse who emigrates to Canada through a sponsorship undertaking and suffers career disruption may be entitled to enhanced interim support despite the short duration of the marriage.

The court found that the respondent suffered economic disadvantage by leaving an established career abroad and entering a labour market where her credentials were not recognized.

The court held that the sponsorship undertaking and the respondent’s transitional needs justified departure from the Spousal Support Advisory Guidelines.

Interim spousal support and related educational expenses were ordered to facilitate the respondent’s path to self‑sufficiency.