Virve Georgeson

The parties brought cross-motions in a family law proceeding following a 25-year marriage.

The respondent sought to sever the divorce claim from corollary issues, which was dismissed as he failed to prove the applicant would not be disadvantaged regarding health benefits.

Due to ongoing disclosure disputes, the court ordered a structured process for both parties to exchange missing financial information.

The applicant's claim for retroactive spousal support was dismissed due to an insufficient evidentiary record.

However, the court found a prima facie entitlement to interim spousal support based on compensatory and non-compensatory factors, ordering the respondent to pay $2,587.50 per month.

The respondent was also ordered on consent to designate the applicant as a life insurance beneficiary.

The moving party, the maternal aunt of two children residing in Kuwait, brought a motion to be added as a party and to set aside two previous Ontario custody orders granted to the children's father and paternal aunt.

The moving party alleged the orders were obtained through fraud, as the children had never habitually resided in Canada.

The court found overwhelming evidence, including Kuwaiti entry/exit records and medical documents, proving the father fabricated his claims of the children's residence in Ontario.

The court applied the test for civil fraud, added the maternal aunt as a party, and set aside the previous custody orders.