Zeba Haider

The Respondent Mother sought an interim order to relocate with the child, Zahida, to Sudbury for a unique career opportunity.

The Applicant Father opposed the relocation and brought a cross-motion to prohibit it, arguing it would negatively impact his relationship with the child and that the Mother's employment reasons were not compelling.

The court granted the Mother's relocation motion, finding her reasons compelling and that the move was in the child's best interests, given the child's young age and the Mother's role as primary caregiver.

The Father's cross-motion was dismissed.

The court also addressed the onus of proof in relocation cases under the Divorce Act and ordered continued supervised parenting time for the Father.

The applicant sought child support, spousal support, and equalization of net family properties following a 16-year marriage.

The respondent husband claimed he was disabled, unemployed, and had no assets, asserting that properties and funds were owned by his parents.

The court found the husband and his parents lacked credibility and had failed to provide adequate financial disclosure.

The court imputed an income of $70,000 to the husband based on his intentional under-employment and hidden wealth.

Applying the presumption of resulting trust, the court found the husband held beneficial interests in several commercial properties registered in his mother's name.

The court ordered the husband to pay lump sum child and spousal support due to his history of non-payment and hidden assets, and ordered an equalization payment of $286,884.54 to the applicant.