MAINTENANCE AND SUPPORT - Child support - Spousal support

Law360 Canada ( April 14, 2026, 11:14 AM EDT) -- Appeal by mother from a decision issued in exceptionally protracted family law litigation. The mother sought appellate intervention regarding child support arrears, s. 7 special expenses, and spousal support. The parties’ litigation history involved over 20 motions, more than 35 court appearances, and multiple consent orders. At trial, only financial issues remained for adjudication, which were whether the judge could revisit consent orders, whether the father owed retroactive child and/or spousal support, and whether the mother remained entitled to ongoing spousal support. The mother claimed $25,000 in retroactive amounts dating back to 2011 and alleged the father provided inaccurate income information. The father denied owing retroactive support and argued that the mother’s spousal support entitlement had ended. The judge declined to revisit the 2011 Consent Order but agreed to look behind the 2015 Consent Order to assess child support arrears from May 2011. She declined to impute income to the father and calculated retroactive child support owing at $11,659. She found the mother had reached self‑sufficiency and that spousal support should terminate. On appeal, the mother alleged misinterpretation and misapplication of law, improper factual assessment, abuse of discretion for permitting the late answer and excluding police reports, and actual or apprehended bias. The father opposed and argued that the mother acquiesced to any procedural irregularities, and maintained the judge correctly applied the Divorce Act and the Federal Child Support Guidelines (Guidelines)....
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