Valerie L. Brown

The applicant mother sought spousal support, while the respondent father sought a final order for joint custody, increased parenting time, and specific Christmas access.

The court imputed an income of $30,000 per year to the mother for spousal support calculations due to insufficient evidence regarding her educational pursuits, awarding mid-range spousal support of $1,200 per month and child support of $911 per month, subject to a one-year review.

The father's request for equal parenting time and Christmas access was granted, and a final order for joint custody was issued by consent.

Costs were awarded to the respondent father.

The applicant, Patricia Anne Virc, brought a motion seeking to stay the respondent, Michael F. Blair's, Motion to Change an earlier spousal support order and requested security for costs.

The security for costs issue was resolved by agreement, with a certificate of pending litigation to be registered against the respondent's property.

The primary issue addressed was the appropriate jurisdiction for the Motion to Change, given the respondent's inconsistent residency claims and a history of problematic litigation conduct.

The court found the balance of convenience favored the applicant, who resided in Toronto, over the respondent, whose residency in Collingwood was questioned.

The court stayed the respondent's Motion to Change issued in Barrie, allowing him to re-file it in Toronto.

Costs were awarded to the applicant.

This ruling addresses costs following a four-day trial in a family law matter.

The mother sought costs and pre-judgment interest, while the father claimed to be the more successful party.

The court found the mother was overall more successful, particularly on child support income and property issues.

The father's conduct was deemed unreasonable, including lack of credibility, failure to provide disclosure, dishonest reporting, and disobeying a court order.

Applying Family Law Rules 18 and 24, the court awarded the mother $30,000 in fees and $2,000 in disbursements.

Pre-judgment interest of $2,500 was also awarded, considering the father's unreasonable conduct and retention of properties.

The final award was $34,500 plus HST, with a portion enforceable as a support order.

The unmarried parties, who cohabited and had two children, disputed the division of family realty and other issues after agreeing on custody and spousal support.

The court applied the joint family venture concept from Kerr v. Baranow to assess contributions to accumulated wealth, primarily two properties registered in the applicant father's name.

The court found the father's credibility lacking regarding financial contributions and income reporting.

A monetary award was deemed appropriate, with the mother receiving a 35% share of the net equity, adjusted for advances and a promissory note.

The court also determined child support arrears, ongoing child support, special expenses, and specific parenting schedule details for holidays and transfers.