Sasha Farone

Following a family law trial, the court issued supplementary reasons to determine the exact quantum of retroactive spousal support, tax implications, and costs.

The court ordered the applicant husband to pay $86,108 in retroactive spousal support and a $36,433 catch-up payment, with no tax deductions applied to the lump sums, directing the parties to seek reassessment from the CRA.

The respondent wife was deemed the successful party at trial, having prevailed on the duration and quantum of support, and was awarded $30,000 in costs.

The trial addressed spousal support, retroactive spousal support, pension division, and occupation rent following a 38-year conventional marriage.

The court awarded the Wife indefinite spousal support at the Spousal Support Advisory Guidelines (SSAG) mid-range, subject to review upon the Husband's retirement, and a "catch up" amount for past support.

Retroactive spousal support was ordered from fall 2017, based on effective notice and the Wife's emotional means.

The Husband's pension was ordered to be divided as of the date of separation, and his claim for occupation rent was dismissed due to his failure to pay spousal support and contribution to the delay in selling the matrimonial home.