T. Matthews

The father brought a motion seeking supervised parenting time and alcohol testing for the mother following her involvement in a motor vehicle accident with the children, which resulted in impaired driving charges.

He also sought the sale of the matrimonial home.

The court found the father did not meet the onus to require supervised parenting time, noting the mother's clean driving record and the lack of a Children's Aid Society recommendation for supervision.

However, the court ordered the mother to abstain from alcohol during and prior to parenting time and prohibited her from driving with the children.

The court also ordered the partition and sale of the matrimonial home, granting the mother 60 days to attempt to purchase the father's interest.

The applicant father brought a motion for a temporary order for shared parenting time, which he amended to seek primary care and supervised parenting time for the respondent mother after she was involved in a serious motor vehicle accident with the children in the car and charged with impaired driving.

The mother did not file responding material regarding the accident.

The court ordered a temporary shared parenting arrangement on a week-on, week-off basis, but required the mother's parenting time to be continuously supervised.

The court also ordered the mother to abstain from alcohol and nonprescription drugs during and 24 hours prior to her parenting time, and prohibited her from operating a motor vehicle with the children as passengers.

The applicant sought spousal support, arguing that the respondent was intentionally unemployed and that an income of $66,724 should be imputed to him.

The respondent had been terminated from his employment as a stationary engineer due to performance issues stemming from cognitive decline and memory loss.

The court applied the Drygala test and found that the applicant failed to prove the respondent was intentionally unemployed, as his termination was due to an inability to perform the job, not a voluntary choice to avoid work.

The application for spousal support was dismissed, without prejudice to future claims if the respondent's circumstances change.