Sukhman Grewal

The respondent father brought a motion seeking a temporary order for primary care of the child and access to the matrimonial home for appraisal.

The applicant mother opposed the motion and sought an order to relocate with the child to Windsor, Ontario.

The court maintained the child's primary residence with the mother but granted the father significant temporary parenting time, including overnights, based on the child's best interests and the principle of maximum contact.

The court denied the mother's request to relocate and ordered her to provide the father's appraiser access to the matrimonial home.

Appeal of a motion judge's order granting sole custody to the father in a child custody dispute.

The mother had taken the 13-year-old son to India in 2013 under the guise of visiting her ill mother and did not return him despite a court order.

The motion judge found Ontario had jurisdiction based on the child's habitual residence and granted the father sole custody.

The Court of Appeal allowed the appeal, finding that the father had attorned to the Indian courts by seeking a final custody order based on Indian law, and therefore Ontario should have declined jurisdiction.

The Court also found that the motion judge erred by making a final custody order without considering the best interests of the child factors required by statute.

The respondent sought leave to bring a motion to change his child support obligations retroactively and prospectively, following a final order made in 2011 that imputed income to him of $71,000 annually.

The respondent had absconded to Uruguay, failed to comply with disclosure obligations, and engaged in a pattern of dishonesty and deceit.

The court applied a two-part test for granting leave: whether the respondent had an arguable case on the merits, and whether allowing the motion would constitute an abuse of process.

The court found the respondent had an arguable case only on narrow grounds relating to section 7 expenses and his son's cessation of full-time studies, but not on his primary claim regarding income imputation.

Leave was granted with conditions, including posting security for costs and expedited timelines.