Stanley B. Sherr

At the outset of a child support trial, it was discovered that the respondent's purported lawyer was not licensed to practise law in Ontario and lacked liability insurance.

The individual had failed to disclose this to the court, opposing counsel, or his own client.

The court refused to grant him permission to act as an agent under the Family Law Rules due to his lack of honesty and integrity.

The trial was adjourned, and the unlicensed representative was ordered to pay costs personally to the applicant and the City of Toronto.

The applicant mother sought child support for three children, asking the court to impute income to the respondent father who claimed to be unemployed and unable to work.

The court found the father was not credible, had hidden his financial affairs, and was intentionally unemployed to focus on foreign litigation.

Applying the test for imputing income, the court imputed an annual income of $53,319 to the father based on his earning capacity and foreign assets, and ordered him to pay the corresponding table amount of child support.