S. Harris

The applicant mother brought a motion to impute income of $75,000 to the respondent father and to determine her spousal support obligation, which she had been paying at $3,500 per month under a temporary agreement.

The father argued he was a stay-at-home parent during the marriage and had been out of the workforce for 18 years.

The court found a prima facie case for spousal support entitlement and imputed income to the father at minimum wage ($29,100), as he conceded he was intentionally unemployed but lacked recent experience to earn $75,000.

The court ordered the mother to continue paying $3,500 per month in interim spousal support and ordered the father to pay $500 per month in child support and a pro rata share of section 7 expenses for 2021.

The Applicant sought costs on a substantial indemnity basis after partially succeeding in an application to close a travelled path.

The Respondent argued for divided success and no costs, or partial indemnity.

The court found success was divided, but the application was necessary for both parties to determine their rights.

The court declined substantial indemnity, finding no exceptional circumstances, and awarded partial indemnity costs to the Applicant, fixed at $7,798.92 inclusive of HST and disbursements.