September 13, 2021 – Dealing With Retroactive Support At Motion

“I decline to deal with retroactive spousal and child support. This is a one-hour motion. There are significant issues regarding the delay by Blanca in advancing the spousal and child support claim, and evidence and argument on the relevant factors as set out in D.B.S. v. S.R.G., 2006 SCC 37 will be required.  As well, since Christian has been paying for Blanca’s housing expenses for 6.5 years, he seeks to categorize these expenses as spousal support payments: this will require evidence as well. The income of each of the parties from 2013 to today will need to be proved, including any imputed income claims. All the retroactive issues are complex and must be dealt with at trial. Counsel should have considered the complexity of the issues on the 6.5-year retroactive claim and should not have sought to argue those issues on a one-hour interim motion. It is the responsibility of the party to adequately estimate the time required to argue a motion in accordance with the primary objective of the Family Law Rules, which focuses on reaching a just resolution through fair, efficient and proportionate use of court time and the resources of the parties.”

Montoya v. Arroyo, 2019 ONSC 5335 (CanLII) at 7