P. Verbeek

Following a prior endorsement determining all issues between the parties, the court issued an addendum clarifying the scope of its earlier decision.

The court confirmed that the previously ordered lump sum spousal support payment resolved all past arrears and future spousal support obligations between the parties.

However, the court emphasized that the earlier decision did not address child support arrears.

Any child support arrears arising from prior court orders or agreements predating the earlier endorsement remained payable.

The applicant sought enforcement of an arbitration award and variation of child and spousal support obligations following separation.

The respondent requested clarification of the arbitration award, enforcement of a prior separation agreement, and arrears of support.

The court upheld the arbitration award and considered additional evidence relating to the parties’ financial circumstances and employment capacity.

The court found the applicant’s unemployment resulted from his own conduct and imputed income to him when determining support.

Lump sum spousal and child support were ordered and set off against the equalization amount owing for the matrimonial home, resulting in no further payments owed by either party.

The applicant sought enforcement of an arbitration award arising from family arbitration and requested variation of child and spousal support.

The respondent argued the arbitration was incomplete and sought clarification, enforcement of a prior separation agreement, and support arrears.

The court held the arbitration award resolved the equalization issues and was enforceable despite imperfect drafting.

The respondent was ordered to pay the equalization amount for the applicant’s interest in the matrimonial home.

Issues relating to spousal support were adjourned for further evidence because the arbitration record lacked sufficient evidence regarding the respondent’s employability.