The Ontario Court of Appeal in Diamond v. Berman, 2021 ONCA 653 upheld the trial decision of Diamond v. Berman, 2020 ONSC 1566. At trial, Justice McGee declined to impute income to the support recipient. Justice McGee also awarded spousal support at the high-end of the range of the Spousal Support Advisory Guidelines. This resulted in an equal sharing of the parties' net disposable incomes.
Mark Greenstein, Ashley Krol and Katie Hunter of Krol & Krol represented the support recipient. The support recipient was successful at both the Superior Court of Justice and the Ontario Court of Appeal.
The support payor also tried to overturn the costs award against him made by Justice McGee. However, the Court of Appeal upheld the costs ruling against him of $180,800.
If you have questions about obtaining spousal support, please contact our lawyers today at 905.707.3370.
