October 11, 2023 – Ordering Support As Term of Adjournment At Conference

“The appellant appeals from the order of Justice Nicholson dated October 12, 2018. Nicholson J. ordered interim without prejudice spousal support payable by the appellant husband as a term of an adjournment of a scheduled settlement conference.  The quantum of spousal support was based on the appellant’s 2017 T4.

The settlement conference never started. The time spent focused on the opposed adjournment and the terms for same. The order made is a term of an adjournment, not an order made on the settlement conference under R. 17(8).  While there were other options open including a costs order, making the return date of the settlement conference peremptory etc., the judge has a broad discretion as to the terms of an adjournment, particularly where, as here, one party is delinquent in his financial disclosure and that party is unfairly delaying the progress of the proceeding.”

          Creighton v. Creighton, 2019 ONSC 5706 (CanLII) at 1, 8