Goodale v. Hrischenko, 2025 ONSC 3366

COURT FILE NO.: FC-22-00001036-0000 DATE: 2025/06/10 ONTARIO SUPERIOR COURT OF JUSTICE BETWEEN: Frankie Goodale Applicant – and – Dean Hrischenko Respondent Self-Represented Self-Represented HEARD: April 14, 15, 16, 17, 22 & 23, 2025 the honourable Justice f. wood reasons for judgment [ 1 ] Frankie Goodale and Dean Hrischenko began dating in 2015. They lived together from September 2016 until September 2018. Their daughter, Talia Hrischenko, was born December 23, 2016. Following separation, Talia resided primarily with her mother; the extent of the time she spent with her father from 2018 – 2022 was disputed and will be addressed in further detail below. [ 2 ] It is not disputed that in August 2022, Frankie moved with Talia from Hamilton to Brantford and that since then Talia has had parenting time with Dean for the most part on alternate weekends, with some additional parenting time. On April 14, 2024, a temporary order was made pursuant to which Frankie has interim sole decision-making authority and Dean’s parenting time has been on alternate weekends. [ 3 ] The parties both ask to have sole decision-making authority with respect to Talia, along with primary residence. They both ask for child support, and both ask the court to impute an income to the other. Trial Process [ 4 ] Both parties have had counsel at various times during this litigation, but both were self-represented at the time of trial. Dean had counsel retained on a limited scope basis who assisted him in preparing for trial and throughout the trial in the background. The benefits of that assistance were evident throughout the trial. Frankie had legal counsel through Legal Aid Ontario, but her certificate was cancelled after Dean hired a private investigator and reported to LAO that he believed that she was employed. [ 5 ] At the outset of trial, Frankie asked for an adjournment. The adjournment request was denied. The matter was initially on the trial list in February 2024 but was adjourned to May 2024 because no Trial Management Conference had been held. A Trial Management Conference was held in May 2024 and the trial was scheduled for September 2024. It was not reached on those sittings. [ 6 ] On January 23, 2025, it was called for trial once again. Lafreniere J. adjourned the matter once again because the appropriate documents were not before the court. Frankie had not filed any documents and Dean had filed indexes for some of his briefs, but not the documents themselves. Lafreniere J. cautioned Frankie that but for the absence of Dean’s necessary documents, the trial would have proceeded despite her request for an adjournment. [ 7 ] When the matter came on again, none of the deficiencies noted by Lafreniere J. had been rectified. Frankie had still not filed any documents, and Dean had not taken any steps to upload the documents set out in the table of contents of his briefs. I determined that a further adjournment was contrary to Talia’s best interests. I had no confidence that a further adjournment would resolve any of the outstanding filing issues. Instead, I stood the matter down for the morning to allow the parties to address as many of the filing issues as they could. [ 8 ] With the benefit of that time, Dean was able to upload the documents referenced in his table of contents and Frankie was able to upload a number of documents she sought to rely upon. The trial proceeded. [ 9 ] Much has been written about the judge’s role when parties are self-represented. A helpful summary of the steps a judge might take is set out in Gill v Gill , 2023 ONSC 5882 at paragraphs 42 & 43 . In this trial, I employed the same techniques employed by Himel J. (except adjourning the matter) for the benefit of both parties. Because both parties were self-represented, and particularly in light of allegations of family violence, I cautioned all parties and non-professional witnesses to treat one another with respect and dignity. With few exceptions (which were corrected upon a further caution), these cautions were heeded. [ 10 ] As the trial progressed, various objections were raised by both parties to the documents tendered. These were addressed individually as each arose. Summary of Conclusions [ 11 ] The evidence in this trial leads me to conclude that the current status quo should not be significantly altered. Frankie will continue to make significant decisions for Talia, who will continue to reside primarily with her. Given the significant disputes that have arisen over time, I have set out a detailed parenting schedule for Dean, essentially continuing his existing parenting time. [ 12 ] For the purposes of support, I find that Dean is able to earn $80,000 and Frankie is able to earn $35,000. Parenting History of Parenting Time [ 13 ] Talia was a few months shy of her 2 nd birthday at the time of separation. For the year prior to separation, Dean’s sisters had provided daycare for Talia while both parties worked. The paternal aunts stopped providing that service almost immediately upon separation. [ 14 ] For a brief period following separation, Dean was the subject of a no contact order arising from an assault charge. That order precluded him from contacting Frankie. Frankie testified that once those restrictions were lifted, she reached out to Dean to offer him parenting time. Dean did not dispute this evidence, nor did he give evidence of any attempts by him or any of his family members on his behalf, during the currency of the no-contact order, to seek to arrange parenting time. [ 15 ] There is no serious dispute that Talia has lived primarily with Frankie since separation. When asked why he did not pay child support until ordered to do so, Dean stated that until August 2022 he had “50/50” so no child support was payable. However, when discussing his parenting time, Dean agreed that Talia was generally with him on alternate weekends and at other times on an ad hoc basis. [ 16 ] Since Frankie’s move to Brantford, Dean has continued to have parenting time on alternate weekends along with some holiday parenting time. [ 17 ] In March 2024, having determined that Talia was missing too much school, Dean unilaterally withheld her at the end of a scheduled weekend visit. He enrolled her in a school local to his current partner’s home, attempted to change her family doctor, and refused to advise Frankie where Talia was, or allow Frankie to speak with Talia. It was not until he was court ordered, following an urgent motion, to return her that he did so. Aside from this brief period of time, both prior to and since separation, Talia has resided primarily with Frankie. Factors for Parenting [ 18 ] When making a decision regarding a child, the court shall have regard only to the child’s best interests. When assessing those best interests, the court is required to consider a variety of factors, giving primary consideration to the child’s physical, emotional and psychological safety, security and well-being. ( Children’s Law Reform Act, R.S.O. c.C.12, section 24) Below, I have considered the evidence led at trial as it pertains to each of the relevant factors. In these reasons, I discuss the most salient facts upon which I have relied. Although I have had regard to the totality of the evidence introduced at trial, I have not set out every piece of evidence or every event discussed during trial, as doing so would be unwieldy and unnecessary. The Child’s Needs [ 19 ] The parties each raised a number of concerns about the other with respect to their ability to meet Talia’s needs. The evidence in this regard took up a significant portion of the trial. I have addressed the primary concerns here. i. Medical Care [ 20 ] Dean testified that at various times since 2022, Frankie has either mislead him about Talia’s health, or has improperly relied on poor medical advice. In particular, Dean questioned Talia’s asthma diagnosis and sought to cast doubt on the need for certain medications Talia has been prescribed. Because of his doubts, Dean admitted that he has, on some occasions, refused to provide Talia with medications during her visits. Frankie testified that she is concerned about Dean’s parenting in light of his refusal to follow medical advice regarding Talia. [ 21 ] Alison Young was retained by the Office of the Children’s Lawyer to prepare a section 112 report. That report was tendered into evidence and Ms. Young gave oral evidence at trial as well. Ms. Young’s report contained some medical evidence about Talia, but outside of that report, neither party tendered significant medical records regarding Talia. [ 22 ] Frankie tendered a letter from a medical clinic in Brantford which sets out a number of visits by Talia in 2023. Although summary in nature, it does reference a diagnosis of asthma. Frankie testified that Talia was diagnosed with asthma after a bout of pneumonia for which she was prescribed antibiotics (which Dean refused to administer, having formed his own opinion that she was only suffering from a cold). [ 23 ] In the absence of a Notice of Objection, I am entitled to accept as true, any information contained in Ms. Young’s report which would otherwise be considered hearsay evidence ( see George v. Nguyen , 2017 ONCJ 161 ). Ms. Young reports that Talia’s family doctor confirmed her asthma diagnosis. Dean provided no medical evidence to dispute Frankie’s evidence about Talia’s medical care and diagnoses. His opinion that Talia does not have asthma is based solely on the fact that Talia has not needed to use her inhaler during her visits. [ 24 ] Dean also criticized Frankie for failing to properly administer eye drops to Talia when she had an eye infection. Frankie testified that she administered the drops as instructed by her doctor. Dean testified that he relied on advice from his mother who works in an administrative role at a local hospital. He was insistent that this role meant that his mother was knowledgeable about how to properly use this medication and that her advice should trump that of Talia’s physician. [ 25 ] I find that Frankie has sought out medical advice and treatment when appropriate and that she has followed medical advice given to her. On the other hand, Dean has on several occasions chosen to override this advice relying either on his own beliefs or his mother’s advice. He has refused to give Talia medication which has been prescribed for her and refuses to accept a diagnosis given by her family doctor. [ 26 ] I agree with Ms. Young that Dean is motivated in this by a desire to punish Frankie and prove his superiority to her, rather than by Talia’s best interests. If he genuinely felt that a second opinion was warranted, the appropriate avenue would be to engage in a dialogue with Frankie and suggest that they together seek out a second opinion. Instead, he acted unilaterally, without regard to the potential harmful impact of this on Talia. ii.Education [ 27 ] Dean was highly critical of Talia’s frequent absences from school. So much so, that in March 2024 he chose to take matters into his own hands by withholding her at the end of a scheduled visit, enrolling her in a school near his partner’s home and refusing to provide information on her whereabouts until court ordered to do so. [ 28 ] Based on the evidence tendered at trial, Talia does have a high number of lates and absences. Frankie testified that Talia is sometimes a few minutes late, but that it does not impact her education. She also testified that the absences were largely due to Talia being ill. In March 2024, two weeks of absences arose when Dean improperly withheld Talia and enrolled her in a different school. While the absences are concerning, Talia’s most recent report card show her receiving marks ranging from A’s to B’s. Correspondence from her teacher confirms that while she may be considered behind by looking only at long term statistics, her entire class is behind as a fallout of the COVID 19 pandemic and that in comparison with her immediate peers Talia is doing “just fine”. The comments section of the most recent report card also raises no concerns about her attendance or academic performance. [ 29 ] Overall, Talia appears to be doing well at school. Without evidence that her absences are not due to her own illness, While a better attendance record is something that should be worked on, I cannot find that Frankie’s approach to her education is problematic. [ 30 ] Dean also raised concerns as a result of Talia being administratively suspended when her vaccines were not reported to the school board. Initially, Dean claimed that Frankie had failed to ensure that Talia had received her vaccines . In one of several examples where he misrepresented what a document said, he claimed that Ms. Young’s report showed that Talia was overdue for her 4–6 year vaccine. In fact, what the report said is Talia “was due” for those vaccines. Frankie testified that she did, indeed, ensure that Talia was properly vaccinated. However, she misunderstood that she needed to report this to the school board herself and Talia ended up being suspended for a day. [ 31 ] Frankie took appropriate action immediately when Talia was suspended – she attended at the doctor’s office, obtained a copy of the vaccine records and produced them to school staff who confirmed that Talia could return to school immediately. Talia‘s two week absence was because of the aforementioned overholding by Dean. Dean refused to accept that the suspension was for a single day. He pointed to an email he received which he claimed confirmed that the suspension was for two weeks. A read of the email confirms that Dean’s interpretation is not correct. Rather, the email contains an explanation of the normal process in situations when proof of vaccination has not been provided to the school. The email states that it “may take up to two weeks” to process vaccination records. [ 32 ] As in other areas, Dean attempted to present Frankie as a negligent parent as a result of the suspension from lack of proof of vaccination. I do not agree. While it would certainly have been preferrable for Frankie to have taken care of the necessary administrative tasks earlier on, I find that she acted appropriately when she learned of her error. Parents are not perfect. Separated parents should not be held to a standard that precludes any parenting mistakes. Often it is how a parent responds to such mistakes that is more indicative of said parent’s ability to meet their children’s needs. Frankie acknowledged her error and fixed the problem. Dean, by contrast, has failed to learn from his previous missteps. Having been cautioned by Ms. Young that some of his unilateral actions were abusive and contrary to Talia’s best interests, he repeated the same error here. Rather than engaging in any dialogue with Frankie about his concerns, he chose to essentially kidnap her on the premise that he was better equipped to get Talia to school on time. [ 33 ] When asked whether this raised any concerns for her, Ms. Young noted that Dean’s actions had failed to take into consideration any of the other factors in Talia’s life including her bond with her mother, the impact of suddenly removal her from her friends, activities and communities. His actions failed to consider Talia’s confusion at being torn so abruptly from her usual life, without notice. Ms. Young was also concerned that Talia would not have understood what was happening and may have felt that her mother had abandoned her, which is understandably especially harmful to her. [ 34 ] If one were to construe Talia’s educational needs narrowly, considering only attendance and academic success, Dean may be able to meet those needs. But, children’s educational needs are much broader – to succeed academically, they need the stability of a loving home, the support of caring parents and parenting which fosters their self-esteem, sense of worth and safety in the world. I find that the evidence in this trial, considered globally, establishes that Frankie is better equipped than Dean to meet Talia’s educational needs. iii. Other Care [ 35 ] Dean testified that he was concerned that Frankie had not lived on her own until recently. While in Hamilton, she resided with her mother and then moved to Brantford where she lived in her father’s basement. Her father passed away in January 2024 and since then she and Talia have continued to reside in her father’s home. Dean testified that he did not believe that Frankie was capable of parenting Talia on her own. [ 36 ] Frankie testified that although she lived in her father’s home, which was financially beneficial to her, she has been primarily responsible for Talia’s care since her birth. She relied appropriately on her parents and other community supports from time to time. [ 37 ] Through the course of the trial, I heard no evidence to suggest that Frankie is incapable of caring for Talia. Relying on family and community supports is normal, expected and indeed desirable. Frankie’s father died over a year ago and she appears to have managed well since then. Talia appears to be thriving and doing well in her care. [ 38 ] I note, too, that despite having been cautioned by Breithaupt-Smith J. about his unilateral actions, several months later, Dean once again behaved unilaterally. In the fall of 2024, he took it upon himself to bring Talia to a dentist and told her not to disclose this to Frankie. So sure, is he of his righteousness that he is incapable of seeing how harmful his actions are to his daughter. Nature and Strength of Relationship [ 39 ] Ms. Young reports that Talia is closely bonded with her mother. She reported enjoying her weekends with her father, but largely because of the time that she spends with her extended family including her grandmother and cousins. [ 40 ] Talia advised Ms. Young that she wished that her father would not yell at her and also that he would not criticize her mother. She reported liking her father’s current partner, Mandy Schank, more than her father and Ms. Young observed her being more comfortable and at ease with Mandy than with Dean during her observation visit. Willingness to Facilitate Relationship with Other Parent [ 41 ] Dean complains that Frankie has unfairly and improperly restricted his parenting time. The evidence, however, indicates otherwise. The evidence also supports Frankie’s claim that Dean’s overall approach to parenting time has been rigid, controlling and more focused on his wants than Talia’s best interests. [ 42 ] For example, in order to persuade the court that Talia wanted to spend more time with him, Dean introduced several text messages between the parties in which Frankie was offering additional parenting time because Talia had asked to see him. Ironically, what these messages really demonstrated was that a) Frankie’s approach to parenting time has been child-focused and flexible, in that she would suggest a visit if Talia was asking to see her father and b) that Dean has refused parenting time offered to him when it was inconvenient to him or when he perceived that Frankie just needed him to provide babysitting. [ 43 ] In his interview with Ms. Young, Dean admitted that he had historically declined a great deal of additional parenting time offered by Frankie. If he perceived that Frankie’s true motivation was that she needed babysitting help, he would refuse because she “was needing a sitter”. Also, he refused to travel to Brantford to participate in Talia’s extra-curricular activities or pick up Talia for additional parenting time although invited to by Frankie, citing the distance and his belief that he should not be forced to drive from Hamilton to Brantford for this purpose. [ 44 ] In the past several months, Dean has unilaterally enrolled Talia in a number of extra-curricular weekend activities, notwithstanding the April 16, 2024 order of Breithaupt-Smith J. pursuant to which Frankie was given interim sole decision-making authority. To her credit, rather than complain about this, Frankie asked for information about these activities so that she could bring Talia when she is in her care and ensure that she would not miss half of the classes. Dean refused to provide this information. Rather, he insisted that Frankie give him additional parenting time so that he could bring Talia to these activities. Under cross examination, when asked why, he responded “because these are MY activities with the child”. Frankie’s approach is child focused, while Dean’s reveals him to be controlling, inflexible and focused on his own needs and wants over and above Talia’s best interests. [ 45 ] Dean alleged that Frankie had prevented him from properly celebrating Halloween with Talia. For several years the parties both took Talia out for trick or treating together. In 2023 when Frankie invited him once again, he insisted that she bring Talia to him so that he could take her out separately. His rationale was that he was, by that time, in a committed relationship with his current partner and it was therefore not appropriate that he and Frankie take Talia out together. He seemed oblivious to the fact that this stance demonstrated that he was much more focused on the adult relationships than Talia’s best interests. If he was willing to do an activity with Frankie while still single but not once he was in a relationship, his participation was obviously not about Talia, but about Frankie. If he were thinking only about his child, he would realize that his relationship status has nothing whatsoever to do with putting on a united front with Talia’s mother for the benefit of their daughter. [ 46 ] Not only do these examples demonstrate that Frankie is willing to facilitate a relationship between Talia and her father, but they are also examples of Dean’s significant lack of insight. [ 47 ] Dean also demonstrated a willingness to twist and distort documents, letters, court orders and other documents in support of his worldview. [ 48 ] For example, he claimed that in 2023 he was not able to arrange any summer parenting time until he brought a motion for that relief. A review of the endorsement of August 2, 2023 of Bale, J., however, reveals that it was Frankie, not Dean, who brought a motion seeking specified summer parenting time. It also reveals that the parties resolved the issue prior to argument of the motion. [ 49 ] Dean also complained that he was forced to bring a motion for Christmas parenting time in 2023. On that occasion, the court ordered the same holiday parenting time proposed by Frankie with minor adjustments. The court noted that Dean’s proposal did not take Talia’s best interests into account. In both instances, Dean’s evidence at trial was misleading and inconsistent with the previous findings. [ 50 ] Following the April 12, 2024 order, Dean falsely claimed that the order precluded Frankie from taking Talia outside of Hamilton or Brantford when, in fact, that provision applied to him only. He attempted to prevent Frankie from taking vacation with Talia by improperly relying on an order that simply did not say what he insisted it said. It was not until he was cross-examined that he was forced to admit that his interpretation was incorrect. [ 51 ] Dean accused Frankie of refusing him extended parenting time in the summer of 2024, Christmas 2024 and March Break, 2025. However, the evidence demonstrated that Frankie had reached out in an attempt to make arrangements. Dean refused to accept any arrangement that was not entirely on his terms. [ 52 ] As noted above, in March 2024, Dean withheld Talia, and enrolled her in a school in Thanesville where his current partner resides. He refused to provide any information about Talia’s whereabouts until ordered to return her. This overholding is what resulted in the interim order of Breithaupt-Smith J. of April 12, 2024. [ 53 ] This event was emblematic of Dean’s overall approach to parenting. [ 54 ] I have not ignored the fact that Frankie removed Talia from Hamilton with either little or no notice to Dean in August 2022. Frankie alleges that she provided notice but was not able to furnish any evidence of same. The courts have routinely emphasized that unilateral moves are improper. Frankie’s actions in this regard, however, differ from Dean’s unilateral actions in several respects:

1. Both parties agree that Frankie’s living arrangements with her own mother following separation were not appropriate for Talia. They agree that she needed to move out of that home.
2. Frankie’s move was entirely child-focused – she had been facing increasing criticism from Dean about the fact that Talia did not have her own bedroom and that the neighbourhood in which she lived was not appropriate for a child – the move to Brantford was intended to address these very concerns. The motivation for the move was not to control or punish Dean, but to address Talia’s best interests.
3. Dean complained that Frankie did not attempt to seek accommodation closer to his residence, but he refused to pay any child support until ordered to do so. His refusal to pay support played an important role in Frankie’s decision to reside in her father’s home.
4. Other than the move, Frankie has demonstrated significant attempts to communicate openly with Dean, and to provide him with reasonable parenting time. Dean’s alternate weekend parenting time was not impacted by the move.
5. Dean took no steps after the move to Brantford. He did not complain about it at all until he was served with Frankie’s Application several months later. [ 55 ] Without condoning the unilateral move, I find nevertheless that overall, Frankie is significantly more willing to foster Talia’s relationship with Dean than Dean is to foster a relationship between Talia and Frankie. Cultural, Linguistic, Religious and Spiritual Upbringing [ 56 ] Dean’s family brings Talia to church on Sunday mornings when she is in his care. Dean himself does not attend. Frankie expressed no concern with Talia continuing to attend church on Sunday mornings while in Dean’s care. This factor is not a significant one in this case. Plans for the Child’s Care; [ 57 ] Frankie gave evidence about her plan for Talia going forward. She intends to continue residing in her father’s home and has made arrangements with various family members to continue their assistance. Talia will continue on at her current school where she has made friends and is doing well. Frankie has enrolled Talia in some extra-curricular activities and hopes to do this more when child support is being paid. [ 58 ] Frankie is content that the current parenting schedule continue but asks that some specific parameters be put into place to reduce conflict. In particular, a detailed holiday schedule so the parties will not have regular disputes about this, and specific orders to ensure that Dean refrains from further unilateral decisions. [ 59 ] Dean would like Talia to be in his care except for 3 weekends a month. [ 60 ] It is unclear where Dean intends to reside. For a time, he lived in a home he owned in Hamilton, but he advises that he has sold that property. Currently, his parenting time is exercised in his sister’s home, but it is not clear whether he resides there full time or only when he has Talia in his care. In 2024, when he enrolled Talia in school, it was in Thanesville, where his current partner resides. He testified that this is a committed relationship and indeed his partner, Mandy, was interviewed as part of the OCL investigation. The OCL home visit took place in the home that has now been sold. [ 61 ] Dean’s refusal to be transparent about where he intends to reside is concerning. His draft order does not set out a specific parenting plan, but instead asks that he be permitted to proceed to an uncontested trial based on his Answer. [ 62 ] Frankie’s plan of care is sound and reasonable. Ability to Meet the Child’s Needs; [ 63 ] Ms. Young expressed no concerns about Frankie’s ability to meet Talia’s needs. As discussed in more detail above, Frankie has sought out appropriate health care as needed for Talia. Talia by all accounts is doing well in school and is well-socialized. She participates in some extra-curricular activities to the extent that Frankie is able to afford this. [ 64 ] Ms. Young did express several concerns about Dean’s willingness and ability to meet Talia’s needs, concerns which this court shares. As discussed in greater detail below, I have concluded that Dean is short tempered with Talia and that his temper is contrary to her best interests. I am also concerned that Dean shows a significant lack of insight into the way in which his need for control may be harmful to Talia. [ 65 ] At trial, Dean was significantly focused on attempting to establish that Frankie’s parenting was so poor that the various unilateral actions described above were necessary. Despite cautions from Ms. Young and from this court, he continued to show no meaningful insight into either a) the need to communicate his concerns and ideas openly with Frankie or b) the potentially serious harm to Talia that would be occasioned by his actions. [ 66 ] Additionally, Dean admitted to involving Talia in discussions about the ongoing litigation. When asked about this on cross-examination, he stated that as an 8-year-old, she was old enough to participate in these discussions. These conversations include comments that Frankie should be in jail, that Talia’s ‘real’ home is Hamilton, that Talia need not listen to her mother and other subjects which are inappropriate to share with a child. [ 67 ] Dean also showed a lack of insight into how his parenting style may negatively impact Talia. For example, although he insisted that she enjoyed skating, Talia has reported that she does not enjoy the activity because it hurts her ankles. In response to this, Dean has directly told Talia that her being overweight is to blame. He testified that he jokingly calls her names, such as “smellyass” and “midget”. Talia has expressed to others that she finds these comments hurtful, but Dean appears unable or unwilling to appreciate that what seem like a joke to him is causing emotional harm to his child. [ 68 ] Finally, and perhaps most significantly, Dean appears unwilling to accept that he has engaged in abusive behaviour. Examples of his engaging in coercive control are set out above. By all accounts, Dean also has a short temper, and frequently yells at Talia during his parenting time. There was some evidence that he has grabbed Talia by the arm to force her to comply with his requests. [ 69 ] Dean’s sisters and mother all testified and although all three made efforts to soften their evidence, all three confirmed that Dean frequently becomes frustrated with Talia. His mother said that he can be “gruff” and does yell when Talia doesn’t listen. His sister insisted that Dean is not trying to hurt Talia but did concede that he yells at her. There was some back and forth about the difference between “yelling” and “raising your voice” but the end result is that Talia perceives that her father yells at her regularly. [ 70 ] During Ms. Young’s investigation, Mandy reported that she sometimes has to tell Dean to “cool it” when he becomes frustrated with Talia and that she has also cautioned him about not involving her in adult conflict. [ 71 ] I find that Dean is not well-equipped to provide an environment in which Talia feels emotionally safe and stable. Should he have significantly more parenting time, this court would be very concerned about Talia’s emotional and psychological well-being. Ability to Communicate [ 72 ] The evidence already described elsewhere in this decision describes Frankie’s attempts to communicate with Dean and his refusal to engage meaningful except on his own terms. This is not a case in which the parties are able to communicate about Talia in her best interests. Family Violence [ 73 ] Frankie testified that throughout their relationship, Dean was verbally and emotionally abusive. He belittled and insulted her. The relationship ended when he physically assaulted her, and police were called. Dean admitted to the physical assault. There was a dispute as to whether the assault included choking. Frankie testified that Dean choked her, but that she did not formally report that because an ambulance would have been called and she did not want Dean to face serious charges. She called the police for her own safety, not for the purpose of having him criminally charged. Dean denied any choking. [ 74 ] I accept Frankie’s evidence. She described the incident in a forthright manner. And her evidence throughout the trial was forthright and consistent. She was willing to frankly admit any missteps on her part. On many of the disputed issues, there were documents which supported her version of events. Indeed, throughout the trial Frankie continued to take blame for many situations which were not her fault at all. She frequently responded to baseless criticisms from Dean by seeking to appease him. The effect of his coercive control over her remained evident. [ 75 ] I have set out some of the more flagrant examples here.
6. In arguing that Talia should reside primarily with him, Dean testified about Frankie that “she can’t take care of herself, much less another human”. Rather than perceiving this as the abusive and unwarranted submission that it was, Frankie took it as a genuine criticism which she needed to refute.
7. When Dean attempted to paint himself and his family as morally superior by noting that his family are church goers while accusing Frankie of being a sex worker, Frankie again found herself on the defensive. I note that Frankie denies being a sex worker, but regardless, these allegations had nothing to do with Frankie’s parenting ability. The evidence was tendered only to demonstrate Dean’s perception of his moral superiority to Frankie. [ 76 ] I agree with Ms. Young when she characterizes Dean as engaging in abusive coercive control. Ms. Young explained that she perceived Dean’s unilateral actions described above as perpetuating abuse in the form of coercive control, that the intent was to punish Frankie and/or control her, and Dean seemed to have little or no insight into how harmful his behaviour was to Talia. I agree. [ 77 ] Another prime example was Dean’s successful campaign to have Frankie’s Legal Aid Ontario certificate cancelled, leaving her without counsel. He hired a private investigator in an effort to establish that Frankie was working and then sent the results of that investigation to LAO. Based on the report (which this court did not review because Dean declined to call the private investigator who prepared it), LAO cancelled her certificate. This action was borne of pure malice on Dean’s part, intended only to make life difficult for her. Throughout the trial and during closing submissions, Dean frequently pointed to Frankie’s poor trial preparation in an effort to portray her as an unfit mother, while also quite proudly telling this court about his role in leaving her without counsel. Conclusion [ 78 ] Ms. Young recommended reducing Dean’s parenting time to one weekend per month. I am not persuaded that reduction in his parenting time is in Talia’s best interests. In coming to this conclusion, I have had regard not only to the time that she spends with Dean, but also her close relationship with her grandmother and cousins. I am of the view that fostering those relationships is in her best interests. [ 79 ] I agree with Frankie that strict parameters need to be put in place around Dean’s parenting time, including any extended holiday time, to reduce conflict going forward. A detailed order will issue with a view to clarifying the parties’ respective roles and reducing conflict. Child Support [ 80 ] Both parties sought to impute income to the other. Dean’s Income [ 81 ] In the years prior to this litigation, Dean worked as a regional-haul truck driver. In 2020, his declared income was $75,387 and in 2021 it was $98,048. A temporary order was made on August 2, 2023, pursuant to which Dean was ordered to pay $745 per month based upon an imputed income of $80,000. Frankie asks that his income continue to be imputed at that amount, while Dean advises that his income is essentially nil. [ 82 ] Dean testified that he had back surgery in November 2023 and that he donated a kidney in September 2024. The donation was part of an exchange program – somebody donated a kidney to his sister and in exchange he donated a kidney for somebody else as he and his sister were not a match. In support of his inability to work, Dean filed two documents – a prescription for physiotherapy which he says he was not able to attend and a diagnostic imaging report. He did not call any of his treating medical practitioners to testify. [ 83 ] Dean worked briefly as a bus driver part-time following his surgery but stopped. He has not applied for Ontario Works or ODSP. On March 1, 2023, Dean was ordered to provide a wide range of disclosure, including bank accounts for a corporation he owned called Hrischenko Industries. He was also ordered to provide adequate medical documentation to support his inability to work. In making her child support order on August 2, 2003, Bale J. noted that there was inadequate medical documentation to establish that Dean could not work, the disclosure about Hrischenko Industries was lacking, and the disclosure that was provided demonstrated that Dean was earning undisclosed income. [84] Our courts have repeatedly discussed the duty of parties to provide full and frank disclosure. Dowdall v. Dowdall , 2020 ONSC 4944 , Laramie v. Laramie , 2018 ONSC 4740 [85] Where a party fails to provide court-ordered disclosure, a court may draw a negative inference against the non-compliant party. Seifi v. Haiji , 2021 ONSC 3419 , V.P. v. P.P., 2011 ONCJ 299 [86] Where a party relies on illness or disability as a reason for not working, the onus is on that party to establish that the illness or disability prevents them from working. Cogent medical evidence, including a detailed medical report, is generally required to satisfy this onus. Where a party fails to provide adequate evidence, an adverse inference may be drawn. Good reviews of the law can be found in Maltese v. Coghri , 2016 ONCJ 48 , Tyrrell v. Tyrrell 2017 ONSC 6499 , Wilkins v. Wilkins , 2018 ONSC 3036 , Gray v Rossi , 2024 ONSC 6993 and Manji v. Manji , 2025 ONSC 1063 , to name just a few. [87] And, where a party operates a business, they have an obligation to provide full and complete disclosure to enable the court to properly assess any corporate income. Costabile v. Costabile , 2004 42935 (ON SC) [88] In this case, Dean has failed to provide any cogent evidence that he is unable to work. There is no evidence explaining what impact either the back or the kidney surgery would have had on his ability to work. Dean was put on notice of his obligations to establish his income in Bale J.’s decision in August 2023 but failed to provide any of the information suggested in her endorsement, or to comply with Kril J.’s earlier disclosure order. Commencement Date for Support [89] Although the parties separated in 2018, Frankie did not seek child support until she commenced this application in the fall of 2022. She asks that child support commence January 1, 2020. In explaining why she did not seek child support earlier, she explained that whenever she would ask Dean for financial assistance he would reply that if he had to pay child support, he would simply just keep Talia. He would insult her about her lack of financial resources and claim to be better able to care for Talia from a financial perspective. Eventually, in the face of these responses, she stopped asking. [90] Dean’s approach to financially supporting his daughter was controlling, financially abusive and not at all child focused. As noted in Rifai v. Green , 2014 ONSC 1377 and Skiffington v. Parsons , 2025 ONCJ 66 , a refusal to provide reasonable child support reflects poorly on the parties’ ability to meet a child’s needs more globally. Dean also claimed that prior to Frankie’s 2022 move to Brantford, Talia resided on a 50/50 basis with each of them. The facts do not bear this out. Even if they did, however, that does not absolve Dean of his child support obligations, particularly given Frankie’s much lower income. [91] Frankie asked that support be ordered retroactive to January 1, 2020, and I have no hesitation in granting that relief pursuant to the principles set out in D.B.S. v. S.R.G , 2006 SCC 37 , [2006] 2 SCR 231 and Colucci v. Colucci , 2021 SCC 24 , [2021] 2 SCR 3 . Frankie’s Income [92] Frankie is prepared to have her income imputed at $30,000 for the purposes of determining section 7 expenses. I do not have evidence to persuade me that Frankie is not able to earn minimum wage which yields an income of $35,000. Section 7 expenses shall be paid proportionately based on this income. Name Change [93] During closing submissions, Frankie asked for an order permitting her to change Talia’s name to include her surname. This was not raised in the pleadings or otherwise prior to closing submissions and the request is therefore denied but without prejudice to her pursuing the request in another forum. ORDERS
8. The Applicant Mother, shall have sole decision-making with respect to the child, Talia Hrischenko, born December 23, 2016.
9. Talia shall reside primarily with the Applicant Mother.
10. Talia shall reside with the Respondent Father on alternate weekends from Friday at 6:30 pm to Sunday at 6:30 pm, subject to the following conditions: a. The Respondent Father shall ensure that Talia sleeps at his declared address in Hamilton unless the Applicant Mother consents, in writing, to Talia spending the weekend elsewhere; b. In the event that Talia is receiving a prescribed course of treatment for a diagnosed illness or condition during his scheduled time, the Respondent Father’s parenting time shall be suspended unless the Applicant Mother agrees otherwise, in writing; c. The Respondent Father shall not disparage the Applicant Mother in Talia’s presence, nor permit others to do so; d. The Respondent Father shall not insult, disparage Talia or engage in any abusive manner towards her, nor shall he instruct Talia to keep secrets from the Applicant Mother; e. The Respondent Father shall notify the Applicant Mother of any emergency or significant incident involving Talia within 24 hours;
11. The following holiday schedule shall override the regular parenting schedule; a. The Respondent Father shall have Talia in his care for two non-consecutive weeks each summer, from Friday at 6:30 pm to the following Friday at 6:30 pm, during which weeks the Applicant Mother will have a 30-minute video call on Sunday and Tuesday evening. The Respondent Father shall advise of his chosen weeks by June 15, 2025, and by May 1 in each subsequent year; b. The Respondent Father shall have Talia in his care during the school Christmas Break as follows: i. In odd years from December 21 at 10:00 am to December 25 at 10:00 am; and ii. In even years from December 25 at 10:00 am to December 29 at 10:00 am c. The Applicant Mother shall have Talia in her care for the balance of the school Christmas Break; d. Talia shall spend alternate March Break school breaks with each parent as follows: i. In even years, she shall be with the Respondent Father for a seven day period encompassing his usually scheduled weekend plus Monday – Friday; ii. In even years, she shall be with the Applicant Mother for a seven day period encompassing her usually scheduled weekend plus Monday – Friday; e. If Talia is not already in the Applicant Mother’s care on Mother’s Day, Talia shall be returned on the Saturday at 8:00 pm; f. If Talia is not scheduled to be in the Respondent Father’s care on Father’s Day, she shall spend the day with him from 8:00 pm Saturday to Sunday at 6:30 pm
12. The Respondent shall pick up (or arrange for same) Talia at the beginning of his parenting time and the Applicant Mother shall pick up (or arrange for same) Talia at the end of the Respondent Father’s parenting time. The person picking up shall not arrive at the other’s residence more than 5 minutes in advance of the scheduled pick up time and shall leave promptly once Talia is safely in their care.
13. The Respondent Father shall not, without the Applicant Mother’s express written consent: a. Bring Talia to any medical professional, including doctors, dentists, therapists or extended care professionals such as physiotherapists, chiropractors and the like except in the case of an emergency in which case he shall immediately notify the Applicant Mother of the emergency and provide her with particulars of where Talia is being seen and by whom; b. Enrol Talia in any school; c. Enrol Talia in any extra-curricular activities except as authorized herein.
14. The Respondent Father may do the following without the Applicant Mother’s consent: a. Bring Talia to Sunday School, or permit family members to bring her; b. Enrol Talia in one extra-curricular activity per term on either a Saturday or Sunday, but only if he provides full particulars of same to the Applicant Mother; c. Remove Talia from the Hamilton region for the purposes of day trips.
15. The parties shall both immediately enrol with AppClose if they have not already done so and shall use AppClose for all communications regarding Talia. The parties shall ensure that important events for Talia are recorded in the shared calendar, which shall constitute notice to the other of such event.
16. The Applicant Mother may apply for and renew any official documents for Talia including her health card, passport, birth certificate, immunization records and social insurance number. She shall furnish a notarized copy of Talia’s health card to the Respondent Father.
17. The Respondent Father shall have access to Talia’s medical, education and extra-curricular activity records.
18. The Respondent Father shall not remove Talia from the Province of Ontario without the Applicant Mother’s express written consent.
19. The Respondent shall pay retroactive child support from January 1, 2020 to December 31, 2022 based on the following: a. For 2020 based on his declared annual income of $75,387 and the Child Support Guidelines amount for one child being $703 per month b. For 2021 based on his declared annual income of $98,048 and the Child Support Guidelines amount for one child being $895 per month c. For 2022 based on an imputed annual income of $80,000 and the Child Support Guidelines amount for one child being $745 per month
20. Paragraph 5 of the interim order of Bale J. dated August 2 2023 shall be made final.
21. Commencing June 1, 2025 the parties shall share section 7 expenses in proportion to their incomes, based on the Respondent’s imputed income of $80,000 annually, and the Applicant’s imputed income of $35,000 annually.
22. Section 7 expenses shall include the cost of daycare, including summer or March Break camps required to permit the Applicant to work or attend school, any medical expenses not covered by OHIP or an extended health benefit plan, and any other extra-ordinary expenses to which the parties may consent, such consent not to be unreasonably withheld. Activities in which the Respondent chooses to enrol Talia during his parenting time shall not be considered section 7 expenses. Justice F. Wood Released: June 10, 2025 COURT FILE NO.: FC-22-00001036-0000 DATE: 2025/06/10 ONTARIO SUPERIOR COURT OF JUSTICE BETWEEN: Frankie Goodale Applicant – and – Dean Hrischenko Respondent REASONS FOR JUDGMENT Justice F. Wood Released: June 10, 2025