Rono Baijnath

The respondent in a family law proceeding requested a transcript of select portions of prior Zoom hearings.

The Recording Management Office had no official recording and asked the motions judge if his personal recording could be released.

The judge declined the request, noting that under the Consolidated Provincial Practice Direction, digital recordings of family motions are not available unless a judge orders otherwise.

The judge found no reason to exercise his discretion to release the recording, as the issue in question had already been addressed through written submissions and a subsequent hearing.

Following a decision dismissing the applicant's motion and granting the respondent's cross-motion, a dispute arose regarding the timeline for final submissions and the immediate release of trust funds.

The court held a case conference and ordered the immediate termination of child support, which had been found to have ended in 2018, and the immediate release of funds held in trust to the respondent.

The deadline for final submissions on the remaining issues was extended.

The applicant mother brought a motion to enforce child and spousal support arrears and section 7 expenses, while the respondent father brought a cross-motion to terminate or vary support.

The court found that the adult child ceased being a 'child of the marriage' as of April 1, 2018, after withdrawing from parental control and failing to pursue a reasonable educational plan.

The court imputed an annual income of $54,000 to the applicant due to her failure to seek employment and her rent-free living situation.

The court allowed partial sharing of the respondent's post-separation income increases but ordered spousal support to terminate at the end of 2022.

The applicant's motion was dismissed and the respondent's cross-motion was granted.