Randall Montgomery

This is a costs decision following a motion to change child support orders.

The respondent father brought a motion to change support provisions of two child support orders made in 2011 and 2012.

The mother successfully opposed the motion.

The court found the father engaged in egregious conduct including repeated failures to comply with disclosure orders, providing incomplete and misleading financial information, and demonstrating a long-term, wilful disregard for court orders and his child support obligations.

The mother was awarded full recovery costs of $12,161.96 all included.

The court emphasized that ability to pay is not a bar to costs awards when a party has acted unreasonably, and that costs serve important functions including sanctioning inappropriate behaviour and ensuring the integrity of the justice system.

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.