Sima Hashemi

A non-party brought a motion to be added as a respondent or, alternatively, to be granted leave to intervene in a family law application concerning parenting time and decision-making authority for a child.

The non-party is the biological father of the respondent's older child and has developed a close relationship with the subject child through his co-parenting arrangement with the respondent.

The court dismissed the motion, finding that the non-party did not meet the statutory criteria under the Children's Law Reform Act or the procedural requirements under the Family Law Rules for being added as a party or for intervention.

The court held that the non-party had no legal interest in the application and that his presence was not necessary to determine the issues between the applicant and respondent.

The court granted, in part, the applicant's motion for preservation and restraining orders over the respondent's assets in Ontario, a Mareva injunction over worldwide assets, and remedies for breach of court orders in a high-value family law dispute.

The respondent, who had moved millions of dollars out of Canada and failed to comply with multiple court orders, was precluded from further participation in the case, and a date for an uncontested trial was ordered.

The court declined to find contempt or impose a monetary penalty, but awarded full recovery costs to the applicant.

The applicant mother and respondent father, a common-law couple with one child, separated in 2015.

This trial addressed remaining issues after nine years of litigation, including income imputation for the applicant, child support, division of section 7 expenses, and therapy for the child and family.

The court imputed an income of $72,072 to the applicant, determined child support based on a set-off method, ordered section 7 expenses to be shared proportionate to individual incomes, and mandated family therapy to improve co-parenting and support the child.

The applicant's abandoned relocation claim was formally dismissed.