SMP Law 2016 Year In Review
As 2016 winds down to a close, SMP Law reports another successful year! It has been a busy year with motions, trials and court appearances. See below for a summary of a few of the notable trials. SMP Law remains committed to providing clients with solutions that work in their best interests! There are currently three additional trials awaiting the release of judgement – stay tuned!
De Matos v De Matos, 2016 ONSC 5138 (CanLII)
After a 9 day trial in May 2016 to change a final order, SMP Law successfully argued that his client should have sole custody of one of the parties’ two children, despite the mother’s allegations that the father was abusive and her request for sole custody of both children. SMP Law also successfully defended the mother’s claim to impute an annual income of $70,000 for support purposes for the years 2013 – 2016, as the court imputed income for only the year of 2014 in the amount of $49,000 as the remaining years were based on the payor’s line 150. The judge was critical of the school’s interaction with the parties during the parties’ custody dispute. SMP Law also successfully argued for the imputing of income to the mother due to her undeclared cash income.
D’Souza v D’Souza, 2016 ONSC 776 (CanLII)
After a 7 day trial regarding a change of a final order, on January 29, 2016 the reasons for judgement were released. SMP Law successfully argued that the father should receive sole custody of the parties’ three daughters ages 16, 14, and 11, with the mother having access to the children twice a month on alternating Saturdays from 11 am to 9 pm. SMP Law successfully argued that the mother should pay the father child support ongoing as well as retroactive support.
Crooks v Crooks, 2016 ONSC 1113
After the parties settled their issues on the eve of trial, written cost submissions were requested by SMP Law and were submitted. Unfortunately, the trial judge made an error and granted cost in favour of the other party. SMP Law successfully obtained leave to appeal the cost order, something that is rarely granted. The appeal of the cost is scheduled for March 2017.