Peter J. Chmiel

The parties separated after a short marriage of less than three years.

The court resolved final issues regarding parenting, child and spousal support, and equalization of net family property.

The court ordered a parallel parenting regime and a gradual increase in the father's parenting time, culminating in equal shared parenting.

The father's income was imputed for support purposes, resulting in retroactive and ongoing child and spousal support awards.

The court also ordered an unequal division of net family property under s. 5(6) of the Family Law Act, finding that an equal division would be unconscionable given the short duration of cohabitation and the father's pre-marriage acquisition and improvement of the matrimonial home.

Following a complex motion where the applicant was entirely successful in imputing income and obtaining child and spousal support, the court determined the issue of costs.

The applicant sought full recovery of $94,373.45, arguing the respondent acted in bad faith by failing to provide adequate financial disclosure.

The court found the respondent's defiant, uninformative, and misleading approach to disclosure constituted bad faith under Rule 24(8) of the Family Law Rules.

However, noting the applicant's bill of costs lacked sufficient particularity and applying principles of proportionality, the court fixed costs at $39,550, with $31,640 enforceable by the Family Responsibility Office.

The moving party wife brought a motion to compel the responding party husband to produce outstanding financial disclosure, including records from a corporation owned by his son.

The husband had previously agreed to a consent order for disclosure but failed to comply.

The court ordered the husband to produce the outstanding personal financial documents.

Regarding the corporate records, the court found them relevant to spousal support and property division, noting the husband had recently disposed of his interest in the company.

The court ordered the husband to request the records from his son and, if refused, to bring a motion to compel their production from the non-party corporation.