S. Philbert

The applicant sought to enforce a separation agreement signed in March 2016 and fix the date of separation as the date of the agreement.

The respondent challenged the validity of the agreement and argued the date of separation was July 31, 2018.

The court set aside the separation agreement under s. 56(4) of the Family Law Act because the applicant failed to disclose significant assets, specifically an impending $4 million investment in his company.

The court also found that the parties' conduct after March 2016, including living together, travelling, and attending therapy, indicated a reasonable prospect of reconciliation.

The court fixed the date of separation as July 31, 2018.

In a final decision following a family law trial, the court determined the ongoing calculation of child support.

The applicant sought to impute income to the respondent for a period of unemployment.

The court held that a material change in circumstances was not required to adjust support because no final order had been made.

The court declined to impute income, finding the respondent was not intentionally underemployed and had conducted an extensive job search.

Ongoing support was set based on the respondent's new employment income.