COURT FILE NO.: FS-21-00026725-0000

ONTARIO SUPERIOR COURT OF JUSTICE

BETWEEN:

Melanie Jansen, Applicant
and
Matthew Skillen, Respondent

Applicant Counsel: Karen Lindsay-Skynner
Respondent Counsel: Anthony Martin
Heard: April 22, 23, 24, 25 and 28, 2025
Justice: Newton-Smith

OVERVIEW

[1] The Applicant, Melanie Jansen, and the Respondent, Matthew Skillen, met in the late fall of 2013. At the time, Ms. Jansen was 24 years old and had just graduated from the University of Western Ontario. After graduation, she moved to Toronto where she worked as a waitress at Moxies. Mr. Skillen was 34 years old with an established and successful career in sales. He was a patron at Moxies. By February of 2014, they were living together in Mr. Skillen’s rented apartment in Davisville. They were married less than a year later, on January 31, 2015.

[2] On June 4, 2016, their daughter P. was born. P. is, by all accounts, a bright, energetic, kind, and mature young girl who is just turning nine.

[3] The parties separated in May of 2019. During the covid pandemic, they shared a residence until May of 2021. Ms. Jansen says this was a period of reconciliation.

[4] Since the summer of 2021, P. has generally been spending alternate weeks with each parent.

[5] On November 15, 2021, Ms. Jansen commenced these family court proceedings.

[6] The matter eventually proceeded to trial on April 22, 2025. The trial lasted five days.

[7] Those are essentially the only facts not in dispute.

The Issues at Trial

[8] There was very little at trial that was not in issue between the parties. The issues encompassed parenting, support and property and were as follows:

• decision-making for P.;
• parenting time;
• date of separation;
• child support, both ongoing and arrears;
• spousal support, including entitlement, quantum, duration and arrears; and
• equalisation of family property.

The Position of the Applicant (Ms. Jansen)

[9] Ms. Jansen asks for sole decision-making and primary residence for P.

[10] Ms. Jansen now resides with her new partner and their infant son in a house in the Lawrence Park neighbourhood of Toronto. It is Ms. Jansen’s wish that P. live with her during the school week, spending alternate weekends with her father and sharing holidays equally with each parent. Ms. Jansen would like P. to change schools and attend the Catholic school close to their new home in Lawrence Park.

[11] Alternatively, Ms. Jansen asks for a shared parenting time schedule where P. would reside with the parent living closest to her school from Monday through Thursday and spend Thursday through Sunday with the other parent.

[12] The Office of the Children’s Lawyer (OCL) has been involved with the family and prepared a report. The OCL recommended that P. spend alternate weeks with each parent, the “weekabout schedule”. While Ms. Jansen is prepared to accept the OCL recommendations, she does not agree that the current weekabout schedule is working well for P.

[13] According to Ms. Jansen, the parties first separated in May of 2019 but reconciled in March of 2020 when the pandemic began. They finally separated on May 8, 2021.

[14] It is Ms. Jansen’s position that Mr. Skillen paid only limited child support and no spousal support until October of 2022. On October 4, 2022, they entered into a consent agreement with respect to child and spousal support.

[15] The consent support agreement was based on an income of $195,000.00 for Mr. Skillen. It is Ms. Jansen’s position that his income was in fact significantly higher, and he owes arrears in child support. Ms. Jansen’s position is that moving forward, Mr. Skillen should be paying child support based on his 2024 T4 income of $354,423.85 per annum. She agrees that her income for support purposes should be imputed at $100,000.00 per annum.

[16] With respect to section 7 expenses, Ms. Jansen asks that the parties pay their proportionate share based on the above incomes of $354,423.85 and $100,000.00. This would leave Mr. Skillen paying 63% and Ms. Jansen paying 37%.

[17] With respect to spousal support, Ms. Jansen asks only that the 2022 consent agreement be finalised and enforced. She does not seek spousal support beyond September 1, 2025, nor does she ask that their incomes for spousal support purposes be adjusted beyond what is contained in the October 2022 consent agreement.

[18] With respect to property, it is Ms. Jansen’s position that she is owed an equalisation payment in the amount of $203,308,77.00 plus 16,500 Hotspex shares or $59,235.00.

The Position of the Respondent (Mr. Skillen)

[19] Mr. Skillen asks for shared decision-making and shared parenting time on a weekabout schedule with holidays shared equally.

[20] Mr. Skillen continues to reside in the matrimonial home which is within walking distance of P.’s current school. He asks that the current schedule remain in place with P. spending alternate weeks with each parent and remaining at the school she has attended since kindergarten. His position on parenting time aligns with the recommendations of the OCL.

[21] According to Mr. Skillen, he and Ms. Jansen separated in May of 2019. When the pandemic was declared in March of 2020 they decided to “bubble” together at his parent’s cottage in Collingwood so that they could continue to co-parent. This living arrangement was not a reconciliation and was made solely because of the pandemic. In May of 2021, as the covid situation normalised, they returned to separate residences.

[22] It is Mr. Skillen’s position that Ms. Jansen has been intentionally unemployed or underemployed since separation. He asks that her income be imputed to $150,000.00 per annum for support purposes.

[23] It is Mr. Skillen’s position that his income for child support purposes is $175,000.00 per annum. On Mr. Skillen’s calculations, this would leave a set off of $180 per month owing from Mr. Skillen to Ms. Jansen moving forward.

[24] It is Mr. Skillen’s position that he does not owe arrears of child support. His reason is twofold. Firstly, the October consent agreement imputed an income to Ms. Jansen of $40,000.00, whereas, according to Mr. Skillen, it should have been imputed to $150,000.00. While he agrees that his income in past years has been higher than $195,000.00, it is his position that he does not owe arrears because Ms. Jansen’s income was imputed too low. Secondly, Ms. Jansen has had access to his bank account and credit card which she was able to use for child support.

[25] With respect to section 7 expenses, it is Mr. Skillen’s position that they should be shared equally.

[26] With respect to spousal support, it is Mr. Skillen’s position that Ms. Jansen is not entitled to support. According to Mr. Skillen, Ms. Jansen, who entered the marriage with no assets, left after a short marriage with approximately $200,000.00 in assets given to her by Mr. Skillen.

[27] It is Mr. Skillen’s position that there should be no ongoing or retroactive spousal support owing from him to Ms. Jansen.

[28] With respect to net family property, it is Mr. Skillen’s position that the division of net family property should be unequal such that he receives more than 50%.

[29] Mr. Skillen proposes that he pay Ms. Jansen $50,000.00 in full and final settlement of all property and spousal support claims.

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[The Honourable Justice Newton-Smith]

Released: July 07, 2025