Ruling includes child and spousal support after father's non-compliance
The Ontario Superior Court of Justice has granted significant financial relief to a mother of three children following an uncontested trial in a high-conflict divorce case. The court's decision covers child support, spousal support, property equalization, and damages related to intimate partner violence.
The couple, who married in Egypt in 2008 before relocating to Canada, had three children. The mother served as the primary caregiver throughout the marriage. They separated in March 2019, leading to a highly contentious litigation process.
Central to the court’s decision was the father’s repeated failure to provide full financial disclosure, despite multiple court orders. This persistent non-compliance led Justice Engelking to strike the father’s financial pleadings just before the November 2023 trial.
The trial then proceeded uncontested, focusing on financial issues.
The court ordered the father to pay child support based on imputed income, given his lack of financial transparency, amounting to $204,873 in child support for the period from April 1, 2019, to June 30, 2024. Commencing July 1, 2024, he must pay $3,762 per month based on an annual income of $222,879.
The mother was also granted spousal support on both compensatory and needs-based grounds as she left her banking career behind to move to Canada with the father. Given her role as the primary caregiver and her inability to work due to an injury, the court ordered the father to pay indefinite spousal support of $3,280 per month, beginning July 1, 2024. This amount will be indexed annually.
Additionally, the court awarded the mother a lump sum of $104,766 for past spousal support from April 1, 2019, to June 30, 2024. This amount is calculated on a net-of-tax basis and is not taxable to the mother or deductible by the father.
The father is also required to contribute to the children's special and extraordinary expenses, averaging $4,917.78 per year. These expenses include therapy, medical, dental, and school-related costs. The father’s proportional share is set at 77.1%, amounting to $315.97 per month, starting July 1, 2024. For past Section 7 expenses, the court ordered the father to pay $20,912.04 for the period from April 1, 2019, to June 30, 2024.
The court determined that the father owes the mother an equalization payment of $473,065.95, minus the $258,000 he has already paid, leaving a balance of $215,065.95. The court also awarded pre-judgment interest on this amount, rejecting the father's argument for exceptions.
The court accepted the mother's valuation of the father’s business holdings based on expert reports. The father’s repeated failure to disclose financial details and his aggressive behaviour during the proceedings factored into the decision.
The mother sought damages for the violence she endured during the marriage and after their separation. This included degrading treatment, suffocation, and physical assaults. The court compared this case to Ahluwalia v Ahluwalia, awarding the mother $100,000 in aggravated and compensatory damages for the prolonged conduct of the father.
The father was ordered to maintain life insurance coverage of $864,323, with the mother as the irrevocable beneficiary, to secure his child and spousal support obligations. This obligation will be a first charge on his estate.
