Roxanne Shank

The respondent father brought a motion to change a final order concerning child support, spousal support, life insurance, and transportation.

The applicant mother opposed the changes.

The court found a material change in circumstances for all issues.

It adjusted child and spousal support retroactively, declining the father's request to terminate spousal support, citing the child's significant special needs and the mother's caregiving responsibilities.

The father's life insurance obligation was reduced to reflect his current employment policy.

The father's request to shift transportation responsibility for the child to the mother was dismissed.

Costs were awarded against the mother due to divided success and her failure to provide adequate financial disclosure.

The Respondent brought a motion seeking joint decision-making responsibility and a shared 2-2-3 parenting time schedule for the child.

The Applicant opposed this, seeking sole decision-making and primary residence, with the Respondent maintaining the existing temporary parenting schedule.

The court dismissed the Respondent's motion, granting the Applicant temporary sole decision-making and maintaining the current parenting schedule.

The decision considered the high conflict, lack of trust, and outstanding criminal charges between the parties, concluding that a shared arrangement was not in the child's best interests at that time.

The applicant sought confirmation of a provisional order from the Alberta Court of Queen's Bench, which varied child and spousal support and rescinded arrears.

The respondent opposed.

The Ontario court, sitting as a confirming court, noted its limited jurisdiction to go behind the original default order made in Ontario.

The court requested the original divorce file to understand the basis of the initial order and determine if a material change in circumstances occurred.

The court found no need to remit the matter back to Alberta regarding retroactivity of arrears rescission, as S. (D.B.) v. G. (S.R.) does not apply to rescission of arrears in Ontario or Alberta.

The matter was set down for a confirmation hearing based on respondent's affidavit evidence and oral testimony.