Stephanie Johnson

This decision addresses an uncontested application to vary child support terms under a 2006 order, focusing on retroactive support, imputation of income, and entitlement for an adult child with disabilities.

The court applied the framework from Colucci v. Colucci for retroactive support, finding a material increase in the father's income and imputing income based on bank deposits and business expenses, grossed up to reflect underreporting to the CRA.

The court departed from the presumptive retroactivity start date due to the father's blameworthy conduct and the mother's understandable delay.

It also considered the adult child's eligibility for support, concluding that the child had not withdrawn from parental control and that support was appropriately suspended during a schooling gap but revived upon re-enrollment.

The guidelines approach was found inappropriate due to the child's receipt of ODSP and student grants, resulting in a fixed monthly support amount.

The court ordered arrears payment with conditions and allowed direct payments to the adult child.

In this temporary care and custody hearing under Part III of the Child and Family Services Act, the court determined the placement of a newborn child following apprehension by the Society.

The Society sought placement with the paternal great aunt and her partner subject to supervision.

The paternal grandmother and her partner sought placement with themselves or alternatively expansive access.

The court found that the paternal grandmother alone had charge of the child immediately before apprehension and that there were reasonable grounds to believe the child would suffer harm if returned to her care due to her serious medical conditions and observations of her being overwhelmed.

However, the court found that supervision alone would not adequately protect the child.

The court ordered placement with the paternal great aunt and her partner, with the paternal grandmother having structured access and shared responsibility for medical care, recognizing the benefit of maintaining family connections while ensuring child protection.