The applicant brought a motion to change seeking retroactive child support, variation of an arbitration award, and contributions toward post‑secondary expenses.
The court considered the framework for retroactive child support set out in the Supreme Court of Canada decision in D.B.S. v. S.R.G., including the recipient parent's delay, the payor parent's conduct, the circumstances of the children, and potential hardship.
The court found the payor parent had engaged in blameworthy conduct by misleading the recipient parent about his income after early retirement while earning substantially more through pension and employment.
Retroactive child support was ordered beginning May 1, 2007, based on the Child Support Guidelines and the payor parent’s actual income.
Ongoing support was recalculated on a split custody basis from May 2010, and the parties were ordered to contribute to post‑secondary expenses proportionate to their incomes.
