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MAINTENANCE AND SUPPORT - Spousal support - Practice and procedure

Friday, February 19, 2021 @ 6:18 AM  

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Motion by the wife to quash the husband’s appeal from a 2019 support order based on his ongoing and wilful breach of court orders that he pay spousal support and arrears to her. The wife left the matrimonial home in 2015 after 27 years of marriage with no income or financial support. The husband failed to comply with the 2019 trial order requiring him to pay $2,653 per month in spousal support. He continued to pay only $1,500 per month pursuant to an interim order, and then in January 2020, unilaterally reduced the monthly spousal support payment to $1,100.

HELD: Motion allowed. The husband’s breach of not only the trial judge’s order but the 2020 appeal order was deliberate, relentless and indefensible. Other than very recently when faced with the present motion to quash his appeal, he had never attempted to stay the trial judgment. He breached court orders with the certain knowledge that the wife was disabled, unable to work and in dire financial straits that were exacerbated by these proceedings and his failure to comply with court orders.

Abu-Saud v. Abu-Saud, [2020] O.J. No. 5553, Ontario Court of Appeal, G.R. Strathy C.J.O., G. Huscroft and L.B. Roberts JJ.A., December 17, 2020. Digest No. TLD-February152021007