Depression and Psychological Trauma

In Divorce Litigation

Peter Karl Roscoe

Nov 2008

Contents

page

Introduction 1

Summary of Data 1

Conclusions 4

Appendix A Summary of Cases 5

Appendix C Case Excerpts 18

Depression and Psychological Trauma in Divorce Litigation

Introduction

Divorce may be one of the most emotional episodes in a persons life. Some people are affected to such an extent that they may become incapacitated or even commit suicide. Children are also affected to various degrees. Spouses who do not agree on terms of divorce are made to undergo a complex and costly adversarial procedure which can increase the stresses considerably. Their very futures, and those of their children, hanging in the balance. Often incomes are dimished and expenses high, adding financial stresses. At what could be the worst moments of their lives, spouses may be subject to a process which increases stress and acrimony. At a time when they are likely in the poorest shape for dealing with it.

The cases listed below contain 244 examples of claims of depression and psychological trauma associated with divorces in Ontario. Most litigants provided evidence of medical certification. Many blame the divorce process itself as being a major cause. The large number of cases would indicate trauma is a common complaint in divorce. From a comparative standpoint, these cases were found to be almost as common as claims of domestic violence, and orders for income imputation. Judicial responses are inconsistent. Surprisingly judges often deny medical evidence or claim it is not substantive. They may penalize litigants or impose deadlines for recovery. Major traumas might result in joint custodies to maximize the chances of the children having a proper caregiver, or the denial of access to the affected. Financial aspects are often disputed on these grounds. Lowered income performance may receive relief, or a payor may be imputed back to some optimal predivorce levels. Even separation agreements can become contested on the grounds one party was not in proper mental shape to make an equitable agreement. The cases examined in this study were taken from the Canlii legal network, and are listed n Appendix A. Excerpts from these cases may be found in Appendix B

Summary of Data

Results of Depression

1 Total Depression Cases

2 Suicide Attempts

3 Commitals

4 Hospitalizations

5 Suicide Threats

1

2

3

4

5

Men	95 ( 38.9 % )	10 ( 31.3% )	10 ( 52.6 % )	10 ( 33.3 % )	5 ( 41.7 % )
Women	121 ( 49.6 % )	19 ( 59.4 % )	9 ( 47.4% )	20 ( 60.0 % )	4 ( 33.3 % )
Children	28 ( 11.5 % )	3 ( 9.3% )	0 ( 0.0 % )	2 ( 6.3 % )	3 ( 25.0% )
Total	244 ( 100 % )	32 ( 100 % )	19 ( 100 % )	32 ( 100 % )	12 ( 100 % )

Custody

1 Number of Cases Where a Depression Person Has Children

2 Number of Cases Where a Depression Person Has Sole Custody

3 Number of Cases Where a Depression Person Has Joint Custody

4 Number of Cases Where a Depression Person Is Non Custodial

1

2

3

4

Men	55 ( 100.0 % )	7 ( 12.7 % )	7 ( 12.7 % )	41 ( 74.5 % )
Women	63 ( 100.0 % )	31 ( 49.2 % )	11 ( 17.5 % )	11 ( 33.3 % )
Total	118 ( 100.0 % )	38 ( 32.2 % )	18 ( 15.3 % )	52 ( 44.1 % )

Support Payors and Recipients

1 Number of Cases Where a Person Claiming Depression Pays or Recieves Support

2 Number of Cases Where a Person Claiming Depression Recieves Support

3 Number of Cases Where Where a Person Claiming Depression Pays Support

1

2

3

Men	68 ( 100.0 % )	7 ( 10.3 % )	61 ( 89.7 % )
Women	88 ( 100.0 % )	77 ( 87.5 % )	11 ( 12.5 % )
Total	156 ( 100.0 % )	84 ( 53.9 % )	72 ( 46.1 % )

Variation of a Depressed Payors Support Payments

1 Number of Variations Sought

2 Number of Cases Where a Payor Claiming Depression Support is Reduced

3 Number of Cases Where a Payor Claiming Depression Support is Unchanged

4 Number of Cases Where a Payor Claiming Depression Support is Increased ( includes imputed income, retroactive arrears, lump sums, and cost penalties )

1

2

3

4

Men	45 ( 100 % )	11 ( 24.4 % )	6 ( 13.3 % )	28 ( 62.2 % )
Women	5 ( 100 % )	0 ( 0.0 % )	0 ( 0.0 % )	1 ( 100 % )
Total	50 ( 100 % )	11 ( 22.0 % )	7 ( 14.0 % )	29 ( 58.0 % )

Variation of a Depressed Recipients Support Payments

1 Number of Ba a Variation is Sought

2 Number of Cases Where a Recipient Claiming Depression Support is Reduced

3 Number of Cases Where a Recipient Claiming Depression Support is Unchanged

4 Number of Cases Where a Recipient Claiming Depression Support is Increased ( includes imputed income, retroactive arrears, lump sums, and cost penalties )

1

2

3

4

Men	3 ( 100 % )	1 ( 33.3 % )	0 ( 0.0 % )	2 ( 66.7 % )
Women	51( 100 % )	4 ( 7.8 % )	10 ( 19.6 % )	37 ( 72.5 % )
Total	54 ( 100 % )	5 ( 9.3 % )	10 ( 18.5 % )	39 ( 72.2 % )

Support Paid by Depressed Male Payors

N = 52 mean = 1268 median = 804

125.0 157.0 250.0 294.0 305.0 371.0 390.0 435.0 440.0 446.0 446.0 466.0 468.0 474.0 500.0 550.0 555.0 600.0 601.0 650.0 689.0 699.0 713.0 718.0 750.0 750.0 857.0 925.0 1000. 1000. 1000. 1116. 1200. 1300. 1448. 1500. 1500. 1550. 1675. 1750. 1961. 1965. 2048. 2304. 2500. 2613. 2760. 2772. 2805. 2989. 4500. 6050

Support Paid by Depressed Female Payors

N = 10 mean = 661 median = 437

49.00 188.0 400.0 421.0 427.0 446.0 452.0 1000. 1000. 2226

Support Recieved by Depressed Males

N = 5 mean = 796 median = 396

244.0 250.0 396.0 1000. 2090

Support Recieved by Depressed Females

N = 65 mean = 2071 median = 1500

125.0 156.0 200.0 200.0 350.0 450.0 633.0 650.0 734.0 800.0 816.0 894.0 935.0 950.0 950.0 1000. 1000. 1000. 1000. 1024. 1050. 1100. 1200. 1200. 1200. 1200. 1223. 1250. 1357. 1394. 1400. 1448. 1500. 1600. 1750. 2000. 2000. 2000. 2000. 2000. 2000. 2100. 2100. 2200. 2250. 2395. 2400. 2500. 2500. 2600. 2600. 2700. 2772. 2779. 2844. 2950. 3250. 3500. 4082. 4600. 5500. 5751. 6000. 6500. 1.2000E+04

Conclusions

The data shows that men are approximately 40 % of depression and psychological trauma cases. Suicides attempts and hospitalizations each resulted in 13 % of these cases. Women accounted for approximately 2/3 in both categories. Commitals and suicide threats occurred in less than 10 % of cases. They were fairly evenly distributed between men and women. Considering that all who made suicide attempts must of also been at least briefly assesed in a pschiatric facility, 69 of 244, or 28 % of those claiming depression or trauma on divorce, wound up having at least a brief visit to a mental hospital.

118 cases were observed were depressed divorcing litigants had children. 67 % of women had sole or joint custody compared to 25 % of men. 4 times as many women had sole custody as men and 4 times as many men were non custodial. The database showed 8 custody changes were a custodial or joint custodial parent was changed to non custodial. All were against women

156 cases were observed where a depressed person paid or received support. Almost 90 % of payors were men and 90 % of recipients women. There were 50 cases where a depressed payors payments were sought to be varied. The support orders of 25 % of male payors were varied lower and 75 % were raised. All female payor orders were varied upwards. There were 54 cases where a depressed recipients payments were sought to be varied. The support orders of 33 % of male payors were varied lower and 66 % were either unchanged or raised. All female recipient awards were lowered, 20 % unchanged and 72 % raised. Males paid twice as much support as females, and females received approximately triple the support of males

It must be concluded that females suffering from depression and psychological trauma related to divorce received far more relief from the courts than males.

Appendix A Summary of Depression and Psychological Trauma Cases

1 Sex of Depressed Person W Woman M Man C Child

2 Result of Depression S Suicide Attempt C Comittal H Hospitalization

T Other Suicide Ideation

3 Support Payor or Recipient P Payor R Recipient

4 Support Order 1 Varied Lower 2 Not Varied 3 Varied Higher

5 Amount of Support Order ( in $’s per month )

Case

1

2

3

4

5

Description

A.C. v. The CAS of Ottawa (CFSA s.68), 2008 CFSRB 13 (CanLII)	C						Child suffers fdrom depression
A.F. v. I.V., 2006 CanLII 727 (ON S.C.)	W		C N	P	3	421	Woman makes numerous false allegations,custody reversd to father and supervised access
A.I. (Re), 2006 CanLII 52802 (ON C.C.B.)	W	C					Woman is involuntarily committed
A.L.P. v. R.A.A., 2007 CanLII 48659 (ON S.C.)	W		N		3	X	Mother diagnosed with depression and drug addiction, father has custody and mother does not pay support, 10 K costs
A.M.P. v. M.A.P., 2008 CanLII 53852 (ON S.C.)	C						Therapy ordered for child
A.N. v. M.A.Z., 2006 CanLII 12316 (ON S.C.)	M		N	P	2	1675	Man claims lowered income due to stress, imputed income, arrears
Abdilla v. Abdilla, 2004 CanLII 35086 (ON S.C.)	M		N	P	3	446	Man recieves psychiatric treatment and antidepressants, imputed intentionally unemployed
Adamski-Chisholm v. Chisholm, 2006 CanLII 51169 (ON S.C.)	M		J	P		435	Offset child support and .7 expenses of $ 435 per month, interim spousal support of $ 500 per month rescinded
Aitken v. Aitken, 2003 CanLII 2050 (ON S.C.)	C						Children suffer from depression , daughter on medication and son to be assessed
Albuquerque v. Albuquerque, 2007 CanLII 4306 (ON S.C.)	W	H	X			X	Wife claims husband harassed her after separation causing her problems,admitted to hospital 3 times for panic attacks, unable to work, no interim support order
Ali v. Williams, 2008 CanLII 13609 (ON S.C.)	M		N	P	3	2304	Mans doctor says he’s unable to work, man quits job, 3.8 K spousal lump sum, $ 900per month spousal support, $ 1404 child support, 13.4 K arrears
Alousis, Re, 2000 CanLII 22493 (ON S.C.)	M		N	P		650	Man suffers from depression,goes bankrupt, pays $ 650 per month support
Andrade v. Kennelly, 2006 CanLII 20845 (ON S.C.)	M	H	J	R		2090	Man is admitted to psychiatric hospital, joint custody, wife pays $ 2090 child support per month
Aneziris v. Aneziris, 2007 CanLII 250 (ON S.C.)	M		N	P	3	857	Man has been having psychiatric counselling for 3 years, psychiatrist says he can’t work, imputed income, $ 651 child support $ 207 spousal support
Armstrong v. Armstrong, 2004 CanLII 12100 (ON S.C.)	M		N	P	3	699	Wife claims man is fit to work but not fit to be with children, man has not had recent access to children, imputed income, retroactive arrears of 24 K
Arnold v. Arnold, 2004 CanLII 5026 (ON S.C.)	M	T	X	P		550	There have been concerns about man committing suicide, $550 per month spousal support
B.A. (Re), 2008 CanLII 7372 (ON C.C.B.)	M	C				X	Man is involuntarily committed,delusional, severes ties with 18 year old daughter
B.J.F. v. B.M.A., 1999 CanLII (ON S.C.)	W		C	R	3	734	Wife was so severely depressed she could not understand separation agreement, $734 per month child support and 32 k retroactive arrears
Bascello v. Bascello, 1995 CanLII 7359 (ON S.C.)	W		N	R		1000	Wifes doctor files a report wife is depressed because children move in with father, pension benefit split wife gets 29 K, 5 K prejudgment interest, 24 months of spousal support at 1 Kper month
Beal v. Beal, 2005 CanLII 30326 (ON S.C.)	M		N	P	3	750	Man is under doctors treatment, deserted wife and children, imputed income, $ 750 per month spousal support, 19.8 K arrears, 22.4 K costs
Beaudry v. Beaudry, 2004 CanLII 20399 (ON S.C.)	M	S	N	P	3	1750	Man claims he cannot work until court proceedings are over, imputed intentionally unemployed, $300 per month child support, 1450 per month spousal support,
Belanger v. Belanger, 2005 CanLII 25110 (ON S.C.)	W		C N	P		400	Wife diagnosed with clinical depression has custody until children move in with her mother,wife agrees to pay mother $ 400 per month, court does not order husband to pay
Belcastro v. Belcastro, 2004 CanLII 10991 (ON S.C.)	M		C	P	3	1116	Mans psychiatrists report not valid, 1.1 K per month child support, 19K retroactive arrears to be set off against equalization
Benac v. Benac, 1997 CanLII 1752 (ON C.A.)	W	H	N				Wife is hospitalized twice, father gets interim custody, changed to sole custody to mother, overturned on appeal
Benmergui v. Bitton, 2008 CanLII 11639 (ON S.C.)	M	T	N	P	3	600	Man makes reference to killing himself in court, $600 per month child support, imputed income, retroactive arrears
Bhasin v. Bhasin, 2006 CanLII 3270 (ON S.C.)	M		X	P		1500	Psychiatrist files report man is totally disabled and unable to pursue employment, 1.5 K per month spousal support
Bhullar v. Bhullar, 2005 CanLII 18718 (ON S.C.)	M		C	P	3	305	Man provides report from doctor he can’t work, imputed income, $ 305 per month child support
Biehn v. Biehn, 2003 CanLII 2062 (ON S.C.)	W	H	X	P		1000	Wife is admitted to a mental health hospital, $ 1000 spousal support per month, 24 K arrears, $ 278 child support ends as child moves out
Birkhimer v. DeCoste, 2008 CanLII 63137 (ON S.C.)	W		N	P	3	446	Doctor says wife cannot work temporarily, income imputed to 30 K, retroactive arrears, husband has custody
Bolduc v. Bolduc, 2006 CanLII 28099 (ON S.C.)	W	H	N	P		188	Woman has depression, man has custody, $ 188 per month child support, wife is hospitalized for possible suicide attmpt
Boomhower v. Yusko, 2004 CanLII 5030 (ON S.C.)	W	S	C N			X	Woman takes overdose while caring for child, interim custody switched to father, no support orderd
Bowman v. Cheluk, 2003 CanLII 1938 (ON S.C.)	M		N	P	3	2805	Psychologist is of the opinion litigation is a barrier to treatment, imputed income, $ 2500 spousal support, $ 305 child support
Brophy v. Brophy, 2004 CanLII 25419 (ON C.A.)	C						Child suffers from depression
Brown v. Brown, 2004 CanLII 12750 (ON S.C.)	M			P	3	294	Man claims litigation is a cause of depression, imputed income, $ 294 per month child support
Burmi v. Dhiman, 2001 CanLII 28206 (ON S.C.)	W					X	Wife claims depression from one visit to psychologist, 7 week arranged marriage wife uses to immigrate, interim spousal support denied
C.(J.J.D.) v. C.(S.L.), 1996 CanLII 8098 (ON S.C.)	C	S					Child attempts suicide
C.A.P. v. J.D.P., 2006 CanLII 12719 (ON S.C.)	W	S	C				Wife is hospitalized overnight after suicide attempt, husband gets custody then reversed back to wife
C.D. (Re), 2004 CanLII 56555 (ON C.C.B.)	W	S C					Woman attempts suicide by insulin overdose and is involuntarily committed
C.G. v. M.V.G., 2006 CanLII 12715 (ON S.C.)	M		N	P	3	1550	Man treated with antidepressants, $ 1550 child support per month includng s.7 expenses
C.G. v. M.V.G., 2006 CanLII 12715 (ON S.C.)	W	H	C	R		950	Wife is hospitalized,$ 950 per month child support
C.J.S. v. S.S., 2005 CanLII 15468 (ON S.C.)	W		J	R		1394	Wife gets counselling and is on medication, joint custody, man pays total of $1394 per month
C.S. v. M.S., 2007 CanLII 6240 (ON S.C.)	C						Court orders counselling for all 4 children
C.S. v. M.S., 2007 CanLII 6240 (ON S.C.)	M			P		2772	Both parents unable to work, $914 child support and $1858 spousal support, father has 3 children and access to fourth child terminated, 320 K cost penalty
C.S. v. M.S., 2007 CanLII 6240 (ON S.C.)	W			R		2772	Both parents unable to work, $914 child support and $1858 spousal support, father has 3 children and access to fourth child terminated, 320 K cost penalty
Catsoudas v. Catsoudas, 2008 CanLII 26673 (ON S.C.)	M		N	P	3	1300	Man claims to have been depressed and on medication,and did not understand the separation agreement he made, child support order made including s.7 expenses
Cavanagh v. Cassidy, 2000 CanLII 22514 (ON S.C.)	W		C	R		1357	Wife has depression and chronic fatigue syndrome and is perscribed prozac, $1357per month total support
Chase (Wade) v. Chase, 2005 ONCJ 504 (CanLII)	W			R			Wife is unable to have gainful employment so is entitled to spousal support
Chehowy v. Chehowy, 2004 CanLII 18360 (ON S.C.)	W		X	R		1250	Wifes doctor reports she can’t work, $1250 per month spousal support
Chernoff, Re, 1991 CanLII 385 (ON L.S.D.C.)	M						Lawyer undergoing therapy is disbarred
Children's Aid Society of Sudbury and Manitoulin v. P.(S.), 2004 ONCJ 338 (CanLII)	W	C	C N				Woman has custody after divorce, is involuntarily committed for assessment and diagnosed with depression and mental illness, access to child terminated
Children's Aid Society of the Regional Municipality of Waterloo v. B.A., 2004 CanLII 12742 (ON S.C.)	W	H T	J N				Wife makes threats of suicide and is hospitalized, joint custody changed to custody to father, appeal denied
Colquhoun v. Colquhoun, 2007 CanLII 30 (ON S.C.)	M			P		1000	Man claims stress and depression from divorce makes him unable to work,1 K per month spousal support
Cote v. Dixon, 2007 CanLII 10405 (ON S.C.)	M		J	R	3	244	Man on stress leave can’t work and is in treatment by doctor and psychiatrist, joint custody, wife pays $ 244 per month offset support, retroactive arrears
Culbert v. Culbert, 2007 CanLII 27586 (ON S.C.)	M	H	N	P	3		Man admitted to hospital emergency, treated for depression quits job, earns 33 K imputed to 75 K
Currey v. Currey, 2002 CanLII 49562 (ON S.C.)	W	H		R	2	4600	Wife is hospitalized, wife makes numerous allegations against husband, separation agreement found valid
D.D. (Re), 2004 CanLII 34588 (ON C.C.B.)	M	C T					Man has suicidal ideation and is involuntarily committed
D.J.C. v. N.C., 2004 CanLII 47783 (ON S.C.)	C						Children in counselling
D.J.C. v. N.C., 2004 CanLII 47783 (ON S.C.)	M		N	P	1	2989	Pilot who works for Air Canada, support order varied so he pays less, man varied to $ 1489 per month for child support and $ 1500 for spousal support, wife found in contempt, children in counselling
D.P.J. v. Y.P., 2005 CanLII 2048 (ON S.C.)	C	T					Child threatens suicide
Danis v. Danis, 2004 CanLII 8245 (ON S.C.)	C	S					Child attempts suicide
Daulby v. Daulby, 2007 CanLII 52431 (ON S.C.)	M		J			X	Man is on disability due to stress and wife earns 40 K per year, mans motion for child support dismissed and his income imputed
Davignon v. Davignon, 2000 CanLII 5640 (ON C.A.)	W		X	R	2	2500	Wife cannot be gainfully employed, 2.5 K spousal support per month, 3.5 K costs of appeal and costs of trial
Deane v. Deane, 1995 CanLII 7345 (ON S.C.)	M	S		P	3	1200	Man attempts suicide, separation agreement overturned $ 900 per month child support and $ 300 per month spousal support and 61 K equalization
DeCicco v. DeCicco, 2003 CanLII 2095 (ON S.C.)	W		X	R		2000	Wife claims she was abused and so depressed she contemplated suicide, 2 K per month spousal support
Di Manno v. Di Manno, 2002 CanLII 2673 (ON S.C.)	M		N	P	3	2613	Man claiming problems with stress is given a 40 K cost penalty, $ 1000 per month child support, $1613 spousal support, 33 K retroactive arrears set off against equalization
Dodd v. Dodd, 2003 CanLII 2100 (ON S.C.)	C						Daughter attempts suicide
Dolman v. Dolman, 1998 CanLII 14875 (ON S.C.)	W			R		200	Wife has major depression and is on paxil, ongoing counselling, 102 K equalizaton and $ 200 per month spousal support
Dolson v. Dolson, 2004 CanLII 33778 (ON S.C.)	W		C	R	2	816	Wife still suffering depression 5 years later, support not varied
Dor v. Traynor, 2008 CanLII 13614 (ON S.C.)	W			R	3	2400	Wife is now clear of depression, wife gets 2.4 K per month spousal support, reteroactive arrears
Dunn v. Menear, 2000 CanLII 22595 (ON S.C.)	M		N				Criminal charges, denied access to children man pays $ 96 child support, recieves 7.5 K lump sum spousal support
E.E.R. v. C.L.R., 2003 CanLII 1979 (ON S.C.)	C						Children in counselling
Eccles v. Eccles, 2002 CanLII 49548 (ON S.C.)	W		N	R	3	3500	Wife is depressed to the point she can’t get out of bed from loss of custody, man must pay 3.5 K per month retroactive spousal support and 10 K lump sum, lump overturned on appeal.
Einstoss v. Starkman, 2002 CanLII 2777 (ON S.C.)	C						6 year old child in therapy, wife is in contempt denying husband access
Elder v. Elder, 2005 CanLII 48920 (ON S.C.)	W		J	R	2	2000	Wife can use family assets to pay for treatment program, interim support order not varied, split custody, 2 K per month spousal support
Erb v. Erb, 2003 CanLII 2112 (ON S.C.)	M		N	P		1448	Both man and woman depressed, $ 900 spousal support and $ 548 child support and unstated child support for second child, 22 K occupational rent
Erb v. Erb, 2003 CanLII 2112 (ON S.C.)	W		C	R		1448	Both man and woman depressed, $ 900 spousal support and $ 548 child support and unstated child support for second child, 22 K occupational rent
Espiritu v. Bielza, 2007 ONCJ 175 (CanLII)	W	S					Wife commits suicide
Eulenhaupt v. Eulenhaupt, 2008 CanLII 45542 (ON S.C.)	M	H	X	P	1	X	Man was hospitalized and does not appear and claims he was too depressed to handle his affairs, man is unemployed, interim spousal support order set aside
Fallis v. Garcia, 2008 CanLII 25048 (ON S.C.)	C	H T					Child speaks of suicide and is taken to the hospital
Fang v. Fang, 2004 CanLII 13068 (ON S.C.)	M			P	3	1965	Man’s depression claim denied by employer, man is unemployed, income imputed, $ 1240 child support per month and $ 765 spousal support, 44 K arrears
Ferguson v. Ferguson, 2008 CanLII 12836 (ON S.C.)	W		C	R	3	2700	Wife suffers from depression and anxiety, her condition has worsened in 4 years, 1.4 K per month spousal support varied to 2.7 K, retroactive arrears,but 2.7 K child support terminated as child is adult
Ferril v. Chen, 2006 ONCJ 301 (CanLII)	C						Wife and child are in counselling
Ferril v. Chen, 2006 ONCJ 301 (CanLII)	W		C	R	3	935	Wife and child are in counselling, $ 935 total child support including s.7 expenses, 5.2 K arrears
Fisher v. Fisher, 2006 CanLII 4950 (ON S.C.)	W		X	R	3	2600	Wife has depression and can’t work for a year, 2.6 K spousal support
Fitzpatrick v. Fitzpatrick, 2004 CanLII 13318 (ON S.C.)	W		X	R		6500	Wife sees a psychiatrist and is on antidepressants for 2 year, 6.5 K per month spousal support
Foster v. Foster, 2004 ONCJ 114 (CanLII)	M		N	P	2		Mans lowered income does not constitute a change in circumstance, he made himself sick worrying about his circumstances
Fournier v. Burton, 2006 CanLII 34340 (ON S.C.)	W		C	R	2		Wife has cancer and surgeries and suffers from depression, support not varied
G.M. (Re), 2005 CanLII 57743 (ON C.C.B.)	M	H					Ex wife takes man to hospital for psychiatric assessment
G.R.D. v. J.D.T., 2006 CanLII 29655 (ON S.C.)	W		J			X	Wifes depression may impact on her parenting, joint custody primary residence to father, no support in separation agreement
Gainer v. Gainer, 2006 CanLII 12969 (ON S.C.)	W		X	R	3	3250	Wife is treated by 3 doctors, claims 100K for infliction of mental suffering, $3250 per month spousal support, 22.7 K arrears
Gammon v. Gammon, 2008 CanLII 5968 (ON S.C.)	W	S H		R	3	2000	Wife attempts suicide, separation agreement overturned, lump sum equalization, retroactive spousal support arrears
Gauthier v. Gauthier, 2004 CanLII 39943 (ON S.C.)	W		X	R		950	Wife is to depressed to understand separation agreement, spousal support raised from $ 200 per month to $ 950
Gingo v. Ginglo, 2004 CanLII 1546 (ON S.C.)	M			P	1	371	Man was depressed and on medication and did not attend trial, 56 K arrears rescinded to 12 K arrears, $ 371 per month child support
Green v. Ottawa Police Services Board, 2007 CanLII 38940 (ON S.C.)	W						Woman is on disability
Growen v. MacKenzie, 2008 ONCJ 170 (CanLII)	W	S	J	P		427	Wife attempts suicide, joint custody with primary residence to father, mother pays $ 427 per month child support
Harding v. Harding, 2006 CanLII 31612 (ON S.C.)	W			R	3	6000	Wife suffers from depression and can’;t work, wife has custody, support at 6 K per month
Harrington v. Harrington, 2007 CanLII 15474 (ON S.C.)	W	H	X	R		2100	Woman is hospitalized and releases herself, spousal support 2.1 K per month
Harris v. Harris, 2006 CanLII 9141 (ON S.C.)	M		N	P	3	390	Mans doctor says he can’t work, income imputed, $ 390 per month child support, 13.9 K equalization
Hassan v. Mufti, 2008 CanLII 29771 (ON S.C.)	W		C			X	Woman gets counselling and is now fully recovered, wife gets custody and does not seek support
Hewat v. Hewat, 2003 CanLII 2131 (ON S.C.)	C						Child in counselling
Hewat v. Hewat, 2003 CanLII 2131 (ON S.C.)	W		C	R	3	5500	Woman has depression and fibromyalgia and cannot work, Combined child and spousal support 5.5 K per month to drop to 2 K after time limited order
Heyck-Mangan v. Mangan, 2002 CanLII 49530 (ON S.C.)	W		C	R	3	2600	Psychiatrist testifys wife has major depressive disorder and cannot work, wife gets 1.6 K spousal support and 1 K child support, retroactive arrears
Hildinger v. Carroll, 1998 CanLII 14923 (ON S.C.)	M		J	P		750	Man is treated for depression after marriage ends, joint custody, $ 750 per month child support
Hosannah v. Bury, 2006 CanLII 1025 (ON S.C.)	M						Mans depression caused by divorce, man sues lawyer
Huck v. Huck, 2004 CanLII 22079 (ON S.C.)	W		X	R		2500	Wife has ben taking antidepressants for 1 ½ years, 2.5 K per month spousal support
Huszarik v. Fairfield, 2004 CanLII 31786 (ON S.C.)	W		X	R	1	1500	Woman suffers from depression and has been unable to find work, separation agreement 3 K spousal support reduced to 1.5 K per month
Ierullo v. Ierullo, 2006 CanLII 33301 (ON C.A.)	W		C	R	2	2200	Family doctor says wife can’t work, spousal support cut in half and then overturned on appeal
J.B. v. A.B., 2006 CanLII 12294 (ON S.C.)	M	S	J	P	3	689	Man attempts suicide, $ 429 per month child support, $ 260 spousal support, imputed income
J.H. (Re), 2007 CanLII 52960 (ON C.C.B.)	W	S C					Woman attempts suicide and is committed, involuntary commitment ended
J.H. v. S.H., 2004 CanLII 29739 (ON S.C.)	M			P	2	1000	Man is suspended from work and arrested for criminal harrassment, treated for depression and doctors say he has improved, 1 K per month interim support to wife
J.K.L. v. N.C.S., 2008 CanLII 30289 (ON S.C.)	C						Child in counseling for alienation, custody ordered changed from father to mother, fathers access terminated
J.L.C. v. S.B.L., 2006 CanLII 13790 (ON S.C.)	M		N	P			Judge orders a mental examination of both parties due to their conduct in litigation
J.L.C. v. S.B.L., 2006 CanLII 13790 (ON S.C.)	W		C	R			Judge orders a mental examination of both parties due to their conduct in litigation
J.M.G. v. F.F.G., 2001 CanLII 28220 (ON S.C.)	M		N	P	3	468	Husbands problems caused by divorce,$ 468 per month child support, 6.5 K retroactive arrears
J.P. (Re), 2005 CanLII 57901 (ON C.C.B.)	M	C T	C				Man is involuntarily committed twice after separation, threatens suicide, wife gets custody
Jagodich v. Jagodich, 2003 CanLII 2010 (ON S.C.)	W		N	R		2779	Wife can’t work due to depression, husband has custody, wife recieves 3 K spousal support and pays $ 221 child support for net of $ 2779 per month
Jeffries v. Jeffries, 1997 CanLII 12251 (ON S.C.)	W	S		R	3	1400	Woman makes suicide attempt,man files 62 exhibits wife isn’t fit to have custody, 3 findings of contempt against wife,$1400 per month spousal support
Johnson v. Castellano, 2006 CanLII 34434 (ON S.C.)	M			P		500	Man has depressed earnings due to stress of divorce, $500 per month support
K. v. K., 2004 CanLII 12506 (ON S.C.)	M			P	1	6050	Man has serious clinical depression, governing body revokes his license, psychiatric counselling, 6 K per month total support reduced from 15 K, arrears not rescinded
K.A.C. v. P.P, 2007 ONCJ 217 (CanLII)	W		C	R			Womans on antidepressants and seeing doictor and psychiatrist, wife given interim custody
K.B. (Re), 2003 CanLII 54926 (ON C.C.B.)	M	S C					Man attempts suicide and is involuntarily committed
Kaddoura v. Hammoud, 1998 CanLII 14937 (ON S.C.)	W					X	Wife is depressed and get therapy, neither claims support, damage claims dismissed
Kalla v. Kalla, 2003 CanLII 2322 (ON S.C.)	M			P	1	446	Mans psychiatrist says he is long term and permanently disabled, support lowered and some arrears rescinded
Kelly v. Kelly, 2004 CanLII 4328 (ON C.A.)	W	H	C	R	3		Wife is hospitalized and given antidepressants and can’t work, 36 K lump sum to waive spousal support in separation agreement, motion judge erred, in dismissing her claim for spousal support and upholding separation agreement, 16.5 K costs
Kennedy v. Kennedy, 2000 CanLII 22437 (ON S.C.)	W		X	R	3	1000	Wife claims she was too depressed to sign separation agreement,1 K per month spousal support,retroacrive arrears
Khan v. Kong, 2007 CanLII 61091 (ON S.C.)	W	T	C N				Wife has suicide ideation, custody reversed to non biological father
Kohl v. Finnis, 2000 CanLII 22445 (ON S.C.)	M		N	P	2	250	Man is in psychiatric counselling, insufficient evidence before court, $ 250 per month child supporrt, man doesn’t pay 36 K arrears not varied
Kopunovic v. Cukotic-Kopunovic, 1996 CanLII 8076 (ON S.C.)	W		X	R	3		Wife gets medical assistance and takes antidepressants for 3 years, 47 K lump sum spousal support,42 K prejudgment interest
Kutlesa v. Kutlesa, 2008 CanLII 13187 (ON S.C.)	M		X				Man claims depression and emotional instability, wife given exclusive possession of the home and non harrassment order
L. (Re), 2007 CanLII 19783 (ON C.C.B.)	W	S C	C N				Woman is involuntarily committed six weeks after husband obtains custody order, suicide attempt after separation
L.(Y.Q.) v. H,(T.T.), 2006 ONCJ 127 (CanLII)	M		N				Man threatens wife and children, supervised access
L.B. (Re), 2007 CanLII 22321 (ON C.C.B.)	M	S C					Man makes suicide attempt and is involuntarily committed
L.K. v. G.K., 2007 CanLII 9612 (ON S.C.)	C						Both children affected, boy suffers from ulcers and girl depression
Lachance v. Lachance, 2007 CanLII 29964 (ON S.C.)	W		C	R	1	350	Wife is on antidepressants, support reduced from $ 1350 to $ 350 per month as 2 children are no longer dependent,wife earns 25 K per year and husband is retiring
Lakhani v. Lakhani, 2003 CanLII 2161 (ON S.C.)	W		C	R	3	4082	Wife has been treated for depression for 7 years since separation, 4.1 K support per month, imputed income, 52 K arrears and retroactive arrears
Lance v. Cox-Lance, 2007 CanLII 22345 (ON S.C.)	M		C	R		250	Man claims he can only earn 20 K per year, criminal charges, man has custody, wife pays $ 250 per month child support
Lanfrey v. Lanfrey, 2006 ONCJ 522 (CanLII)	M		C	R		396	Man has bouts of debilitating depression, man has custody, wife pays child support of $ 396 per month
Laue v. Laue, 1993 CanLII 3286 (ON C.J.)	W			R	2	1050	Wife suffers from depression and other mental problems, spousal support in separation agreement upheld
Lauge v. Liepins, 2002 CanLII 2712 (ON S.C.)	M			P	2	474	Man doctor reports he’s unable to work due to alcoholism and depression, 25 K security to ask order be varied, 14 K arrears
Leach v. Goodwin, 1993 CanLII 5428 (ON S.C.)	M	C H		P		125	Man is voluntarily hospitalized after wife serves him with divorce papers, later involuntarily committed by mother, joint custody man must pay $ 125 per month spousal support
Lear v. Lear, 2004 CanLII 14820 (ON S.C.)	M	H	X	P	3	1500	Man is on antidepressants, briefly hospitalized, man makes 2.3 K per month from pension and must pay 1.5 K spousal support, arrears
Lees v. Lees, 2000 CanLII 22580 (ON S.C.)	W	S	X	R	3		Wife is hospitalized and then later makes a suicide attempt and is left as a parapelegic, suicide attempt is a change of circumstance, child no longer dependent
Leonard v. Leonard, 2002 CanLII 49563 (ON S.C.)	W	H	X	R		1100	Wife is treated as an in patient, recovers enough to work part time, 1.1 K per month spousal support
Little v. Little, 2002 CanLII 2797 (ON S.C.)	W		X	R		2100	Wife takes medication that affects her ability to work, 2.1 K per month spousal support, retroactive arrears
M. (Re), 2008 CanLII 16051 (ON C.C.B.)	M	C	N				Man is involuntarily committed, wife has custody
M. L. (Re), 2007 CanLII 20021 (ON C.C.B.)	W	C					Womans involuntary hospitalization ended and she can be treated as an outpatient
M.B.S.L. v. Youthdale Treatment Centres (CFSA s.124), 2008 CFSRB 78 (CanLII)	C	S H					Child attempts suicide and is hospitalized and assessed for involuntary treatment
M.C. v. D.C., 2003 CanLII 2030 (ON S.C.)	C						Child is in therapy and on medication, joint custody changed to sole custody to mother
M.M. (Re), 2004 CanLII 56498 (ON C.C.B.)	M	C T	N				Man threatens suicide and is involuntarily committed, man is found to be incapable of managing his property
Mackrell v. Frederick, 2005 CanLII 14141 (ON S.C.)	W	S	C	R		156	Woman makes suicide attempt, wife has custody, man pays $ 156 per month child support
Mahood v. Mahood, 2005 CanLII 19841 (ON S.C.)	M		N	P	1	718	Man diagnosed with major depressive disorder, doesn’t see children, spousal support reduced from $ 800 per month to $ 200
Maurice v. Maurice, 2003 CanLII 2418 (ON S.C.)	M			P	3		Man treated twice by a psychologist, 85 K lump sum child support
Mcclenahan v. Clarke, 2004 CanLII 25843 (ON S.C.)	W		J	R		2000	Wife is unable to work, wife sues lawyer, joint custody, 2 K per month child support
McDonald v. McDonald, 2000 CanLII 22594 (ON S.C.)	W			R	2	125	Court does not believe wife was too depressed to make separtion agreement
Mcfadden v. Sprague, 2008 CanLII 27819 (ON S.C.)	M		C	R			Man’s doctors say he is too depressed to work, man has custody and recieves,wife must pay spousal support and child support
Mollica v. Melchionna, 2006 CanLII 41526 (ON S.C.)	M		N	P	3	601	Man claims he can’t work, income imputedto 40 K, $ 601 per month child support,some recission and lowered support
Moro v. Miletich, 1998 CanLII 14881 (ON S.C.)	W	H	J	R	3	894	Woman is hospitalized, 1.3 K per month spousal support, 16.9 K retroactive arrears, joint custody with primary residence o father, wife pays $ 406 per month child support
Murphy v. Murphy, 1995 CanLII 7356 (ON S.C.)	W		X	R	3	2000	Wife has schizo affective disorder with psychotic depressions, psychiatrist says she was not competent to sign separation agreement,2 K per month retroactive spousal support
Nasser v. Mayer-Nasser, 2000 CanLII 5654 (ON C.A.)	W	S		R	3		Woman attempts suicide and is now a paraplegic, suicide attempt is change of circumstance,
Nastasi v. Nastasi, 2006 CanLII 33689 (ON S.C.)	M	S	J				Man attempts suicide while caring for child, supervised access changed to unsupervised, man must take medication to see child, joint custody on consent, support not mentioned
Nitsopoulos v. Alousis, 2000 CanLII 22566 (ON S.C.)	M		N	P		2760	Man is on medication and doctors say he can’t work, man pays $ 2200 spousal support voluntarily and $ 560 child support
Nolan v. MacLean, 2006 CanLII 38865 (ON S.C.)	M		N			X	Man has history of depression and alcoholism, man loses job, wife has custody and earns 105 K peryear, no spousal suport or child support ordered
Ogilvy v. Ogilvy, 2006 CanLII 32909 (ON S.C.)	M	S H	X				Man is admitted to hospital for a suicide attempt, support not mentioned
P (Re), 2005 CanLII 56604 (ON C.C.B.)	M	C					Man is involuntarily committed, as incapable of managing his property
P.F. v. E.J.J.F., 2003 CanLII 2115 (ON S.C.)	M		N	P	3	713	Man is on antidepressants which doctor says would make it unsafe for him to work in heavy construction, man claims to be unemployed but isseen working by private investigator, $ 713 per month child support, 11.5 K retroactive arrears
P.S. v. J.S., 2005 CanLII 16590 (ON S.C.)	W	H	J N				Wife is hospitalized for depression, makes many false allegations, joint custody changed to sole custody to husband
Pagnotta v. Malozewski, 2008 CanLII 14800 (ON S.C.D.C.)	W		C	R	3		Support orderd for wife extended, $ wife has children 80 % of the time, $ 1563 spousal support, child support not mentioned
Palinka v Palinka, 2003 CanLII 2195 (ON S.C.)	W		C	R	2	2000	Woman is not telling the truth she cannot work, man voluntarily pays 2 K per month and expenses, no claim for child support
Pasichnyk v. Pasichnyk, 2005 CanLII 30710 (ON S.C.)	W		X	R	3	1600	Woman suffers from depression, spousal support increased from $ 1475 per month to $ 1600
Philip v. Philip, 1997 CanLII 12383 (ON S.C.)	W		X	R	3	1000	Wife suffers virtual paralysis from depression, separation agreement overturned
Phiroz v. Mottiar, 1995 CanLII 7037 (ON C.J.)	W		C	R	3	650	Wife suffers from depression, husband accuses her of alienation, child support increased from $ 550 to $ 650
Pipitone v. Pipitone, 2000 CanLII 22533 (ON S.C.)	W		X	R		1000	Wife is unable to work,doctor says it will take 2 years minimum, 1 K per year spousal support lowered from 2 K interim
Prentice v. Coovadia, 2006 CanLII 23255 (ON S.C.)	M	S					Man commits suicide in psychiatric hospital
R. v. Miller, 1991 CanLII 2704 (ON C.A.)	W	T					Woman seeks assistance in committing suicide
R. v. Oelkuch, 2006 CanLII 26479 (ON S.C.)	M						Criminal charges
R. v. Van Patter, 2006 ONCJ 48 (CanLII)	W	S					Wife attempts suicide while caring for child
R.(A,L,J.) v. R.(H.C.G.), 1995 CanLII 6877 (ON C.J.)	W	S H	C N				Court says there has been a deterioration in wifes mental stability, 2 overdoses and admitted to hospital, mothers access changed to supervised
R.L. (Re), 2007 CanLII 41563 (ON C.C.B.)	W	S C	N				Woman is involuntarily committed, 3 suicide attempts
Ranieri, Re, 1994 CanLII 1220 (ON L.S.D.C.)	M						Lawyer is suspended until he can prove he has recovered
Ratman v. Ratman, 2008 CanLII 8424 (ON S.C.)	M		N	P		157	Man suffers chronic anxiety and depression and doctors say he cannot work,$ 157 child support to wife, mans claim for spousal support dismissed
Re S.(B.), 1996 CanLII 8689 (ON S.C.)	W						Mother abandons children
Rea v. Rea, 2007 CanLII 56492 (ON S.C.)	W		N	R		1750	Wife in treatment for depression and unemployed, husband has custody, $ 1750 per month spousal support
Reinhardt v. Reinhardt, 2004 CanLII 35095 (ON S.C.)	W			R	3	1200	Wife was too depressed to make proper separation agreement, $ 1200 per month spousal support
Rhora v. Ontario, 2004 CanLII 4046 (ON S.C.)	M	C					Man has breakdown after separation and is committed for 2 months and released
Riberdy v. Riberdy, 2001 CanLII 28211 (ON S.C.)	M		N	P	1	2048	Man goes on sick leavefrom stress, support order lowered retroactively to $ 1048 per month child support and $ 1000 spousal support
Richardson v. Lafrance, 2005 ONCJ 299 (CanLII)	W						From the stress of divorce, and bankruptcy and criminal charges wife is not playing with full deck
Rizzo v. Rizzo, 2000 CanLII 22463 (ON S.C.)	W					X	Wife claims depression was caused by the end of marriage, court finds her depression is for other reasons, spousal support claim dismissed
Rosen v. Rosen, 2005 CanLII 480 (ON S.C.)	C	T					Child threatens suicide
Royston v. Royston, 2003 CanLII 1978 (ON S.C.)	W			R		1223	Wife cannot work outside home, doctor says she suffers from depression and anxiety, $ 823 child support, $ 400 spousal support
S.F.M.(C.) v. J.G.C.C., 2002 CanLII 2762 (ON S.C.)	C						Psychologist says mother and child are suffering from depression
S.F.M.(C.) v. J.G.C.C., 2002 CanLII 2762 (ON S.C.)	W		J	P		49	Psychologist says mother and child are suffering from depression, joint custody wife pays $ 49 per month offset child support
S.L. v. L.L.2, 2006 ONCJ 519 (CanLII)	C						Child must be hospitalized
Santiago Araya v. Gaete, 2005 CanLII 4581 (ON S.C.)	W		J	R	3	800	Wife cannot work, psychiatrist says divorce is contributing factor, separation agreement overturned and spousal support ordered
Sasonow v. Sasonow, 2000 CanLII 22583 (ON S.C.)	W		X	R	2	2395	Wifes psychiatrist files a report, $ 2395 per month spousal support, variation denied
Schaarschmidt v. Schaarschmidt, 2008 CanLII 54327 (ON S.C.)	M	H	N			X	Man is hospitalized and later living on the street, wife gets custody
Scott v. Nicholson, 1995 CanLII 7445 (ON C.J.)	W	H	C	R	3	200	Wife is hospitalized, daughter moves in with wife, 2 K lump sum and $ 200 per month child support
Segal v. Qu, 2001 CanLII 28201 (ON S.C.)	M	S		P	3	2500	Man attempts suicide after separation from first wife, second wife makes claim for assault and emotional damages, criminal charges for assault on step daughter, 2.5 K spousal support
Serrao v. Jardine, 2003 CanLII 2237 (ON S.C.)	M		X	R	3	1000	Wife is on stress leave, man is too depressed to work, man goes bankrupt, spousal support 1 K per month for 2 years
Serrao v. Jardine, 2003 CanLII 2237 (ON S.C.)	W		X	P	3	1000	Wife is on stress leave, man is too depressed to work, man goes bankrupt, spousal support 1 K per month for 2 years
Sgro v. Sgro, 2003 CanLII 2454 (ON S.C.)	M		N	P		1961	Man sells business and is unemployed,$674 child support and $1287 spousal support
Shaw-McInnis v. Crawford, 2003 CanLII 2241 (ON S.C.)	M			P			Man suffers emotional breakdown after separation
Simms v. Simms, 2002 CanLII 2735 (ON S.C.)	W		X	R	3	450	Wife on antidepressants and unable to work, spousal suport of $ 500 per month ordered 5 years after divorce
Simons v. Simons, 1999 CanLII 14978 (ON S.C.)	W		J	P	3	452	Wife has chronic depression and stress, $ 302 child support, $ 150 spousal support , 19 K retroactive arrears, split custody
Simpkins v. Simpkins, 2004 CanLII 28909 (ON C.A.)	W	T	X	R	3	2250	Wife is suicidal, psychiatrist recomends asking for a lump sum to end litigation, separation agremeent set aside, $ 2250 monthly support, upheld on appeal, 12 K costs
Simpson v. Grignon, 2007 CanLII 17038 (ON S.C.)	W	H	X	R		1200	Wife is hospitalized twice, no children, spousal support $ 1200 per month
Sitter v. Sitter, 2003 CanLII 2415 (ON S.C.)	M		N	P	1	4500	Man claims stress of divorce has lowered income,7 K interim spousal support lowered to 4.5 K, no claim for child support
Smith v. Frank, 1999 CanLII 14979 (ON S.C.)	W	S	C	R			Wife makes suicide attempt, child moves in with father, court returns child to mother
Smith v. Smith, 2008 CanLII 14894 (ON S.C.)	W		X	R	3	1200	Wife suffers from depression, separation agreement overturned, $ 1200 per month spousal support
Sobotka v. Sobotka, 2005 CanLII 3399 (ON S.C.)	W		N	P		2226	Wife requires therapy and counselling, father has not seen children since separation, $ 1026 per month child support and $ 1200 spousal support
Somerset v. Somerset, 2004 CanLII 16881 (ON S.C.)	M		N	P		440	Man is on antidepressants, accused of sexually abusing his children, denied interm access
Stafford v. Rebane, 2004 CanLII 34080 (ON S.C.)	W	H	N	R		12000	Wife is hospitalized for 3 months, man has custody and must pay 12 K per month spousal support
Stajkowski v. Stajkowski, 2007 CanLII 16829 (ON S.C.)	W		X	R	1	X	Wife suffers from depression, man becomes unemployed, spousal support terminated
Stanford v. Roy, 2005 CanLII 6402 (ON S.C.)	M						Man gets counselling and seeks disability, criminal convictions and jail
Stoate v. Stoate, 2005 CanLII 13820 (ON S.C.)	C						Wife on antidepressants, both children have symptoms, one child moves out and the other is in counselling
Stoate v. Stoate, 2005 CanLII 13820 (ON S.C.)	W		C	R	3	633	Wife on antidepressants, both children have symptoms, man goes back to school, imputed income, $ 633 per month child support, 4.5 K arrears
Surerus-Mills v. Mills, 2006 CanLII 32907 (ON S.C.)	C						Child has depression after divorce
Swanson v. Swanson, 2004 CanLII 48679 (ON S.C.)	M		N	P	3		Man is on stress leave from work, living at the Y, intentionally unemployed, 80 K lump sum
T. (Re), 2007 CanLII 28522 (ON C.C.B.)	W	C					Divorced woman has delusions and cannot care for herself
T.L.M. v. B.A.M., 2008 CanLII 28748 (ON S.C.)	M	H					Man is hospialized
T.P.S. v. K.E.S., 2007 CanLII 1900 (ON S.C.)	M	S					Man attempts suicide, accused of assaulting children
Takis v. Takis, 2002 CanLII 2818 (ON S.C.)	W	S	J	R	3		Wife makes suicide attempt or gesture,joint custody, man pays full guideline amount
Taylor v. Taylor, 2004 CanLII 42952 (ON S.C.)	M			P	3		Man has mental breakdown and is twice jailed during separation and a third time so misses trial, man goes bankrupt, 17 K unequal division and 10.5 K compensatory support
Taylor v. Taylor, 2004 CanLII 42952 (ON S.C.)	W	S		R	3		Wife makes suicide attempt, gets custody of children from first marriage, 17 K unequal division and 10.5 K compensatory support
Trick v. Trick, 2003 CanLII 2260 (ON S.C.)	W		C	R	3	2950	Wife is prescribed paxil, wife is unemployed,151 K retroactive arrears, 1450 per month child support and s.7 expenses, $ 1500 per month spousal support
Tucci v. Tucci, 2008 CanLII 52619 (ON S.C.)	W		X				Wife suffers from depression and it affects her ability to work, wife makes 116 K, husband asks for spousal support, no interim order made
V.F. v. M.F.1, 2007 CanLII 3881 (ON S.C.)	C						Counselling recommended for all 3 children
Valenti v. Valenti, 1996 CanLII 8082 (ON S.C.)	C						Wife and children attend counselling
Valenti v. Valenti, 1996 CanLII 8082 (ON S.C.)	W		C	P	3		Wife and children attend counselling, 28.6 K lump sum child support and 49.6 K damage award
Van Horne v. Van Horne, 2007 CanLII 16457 (ON S.C.)	W			R	1	1200	Spousal support reduced from 5.4 K to 1.2 K, man loses fulltime position
Vangroenigen v. Vangroenigen, 2005 CanLII 38896 (ON S.C.)	M		N	P	3	466	Man is temporarily too depressed to work, imputed income, $ 466 per month child support 10 K lump sum spousal support
Varsanyi v. Varsanyi, 2006 CanLII 34285 (ON S.C.)	W						Wife is unemployed
Vitagliano v. Di Stavolo, 2001 CanLII 28202 (ON S.C.)	W		C	R	3	2844	Wife takes medication and is unable to care for children for 3 months, imputed income, retroactive lump sum of 40 K, $ 1500 spousal support, $1344 child support, s.7 expenses
W. M. v. C. H., 2003 CanLII 49833 (ON C.J.)	M	H	C	P	1	X	Son dies and husband is hospitalized for depression, spousal support to wife terminated after 25 years,arrears expunged
W. M. v. C. H., 2003 CanLII 49833 (ON C.J.)	M	H	N	R	1	X	Wife is unemployable due to chronic depression, spousal support terminated after 25 years, husband had custody but wife did not pay support
W.F. (Re), 2005 CanLII 57690 (ON C.C.B.)	W	C H					Wife s hospitalized 3 times andthen involuntarily committed then released
Wheeldon v. Wheeldon, 2003 CanLII 2398 (ON S.C.)	C						Child has post traumatic stress disorder
Wilcox v. Wilcox, 2003 CanLII 2272 (ON S.C.)	M		X	P	1	925	Man suffers from depression, he is laid off and gets a lower paying job, support varied from $ 3800 per month to $ 925, some arrears rescinded
Wilkinson v. Wilkinson, 1996 CanLII 8084 (ON S.C.)	M		X	P	2	1000	Man is being treated for depression and loss job, variation denied
Wozniak v. Brunton, 2006 CanLII 273 (ON S.C.)	W	S	N			X	Wife attempts suicide by drinking bleach while caring for child, access terminated
Wright v. Mason, 2004 ONCJ 317 (CanLII)	W		C	R	3	1024	Woman is depressed, doesn’t tell man child is his, $ 1024 child support, 18 months retroactive
Wylde v. Wylde, 1984 CanLII 91 (ON C.J.)	M		N				Man suffers depression after separation
Yeates v. Yeates, 2007 CanLII 11728 (ON S.C.)	W		C	R	3	5751	Woman suffers from depression, $ 1951 child support, 2500 spousal support and $ 1300 s.7 expenses
Zadegan v. Zadegan, 2003 CanLII 49378 (ON S.C.)	C						Child is depressed and in counselling
Zeray v. Khassay, 2007 CanLII 38404 (ON S.C.)	M		N	P	1	555	Man claims he cannot work as many hours and hadlower income due to depression, support lowered from $ 800 per month to $ 555 per month

Appendix B Depression and Pschological Trauma Case Excerpts

Leopold v. Leopold, 2000 CanLII 22708 (ON S.C.)

[114] J.D. Payne and M.A. Payne, Dealing with Family Law (Toronto: McGraw-Hill Ryerson Ltd., 1993) at p. 78 outlines the dilemma:

In the typical divorce scenario, spouses negotiate a settlement, often with the aid of lawyers, at a time when they are still experiencing the emotional trauma of marriage breakdown. Spouses who have not come to terms with the death of their marriage and who feel guilty, depressed or angry in consequence of the marriage breakdown are ill-equipped to form decisions of a permanent and legally binding nature.

[115] The roller coaster of emotions experienced at the time of separation is described in J.M. Eekelaar and S.N. Katz, eds., The Resolution of Family Conflict (Toronto: Butterworths, 1984) at p. 368:

Separation often brings in its wake psychological turmoil and substantial emotional distress that can make deliberative and well-informed judgments unlikely.

Adamski-Chisholm v. Chisholm, 2006 CanLII 51169 (ON S.C.)

[2] At that time Mr. Carey sought an adjournment on the grounds that his client, for medical reasons, was unable to proceed. Mr. Carey advised me, and I accepted without hesitation, his statement that his client was emotionally unable to proceed.

D.J.C. v. N.C., 2004 CanLII 47783 (ON S.C.)

[5] Mr. D.J.C. is employed as a pilot for Air Canada. He is an aircraft Captain. Since December 2002, Mr. D.J.C. has been off work having been diagnosed with major depression. This depression has developed in part as a response to the alienation he experienced from his children.

Mr. D.J.C. is not allowed to fly while on such medication for safety reasons. He continues on this medication.

Fang v. Fang, 2004 CanLII 13068 (ON S.C.)

[16.] Following the separation in August 2000, Brian continued to work for Xerox until April 2001. He was clearly depressed over the separation and the destruction of his family. The true extent of that anxiety or depression is a critical issue

[30.] This letter represents a glowing example of Brian’s denial. His employer has told him in writing at least six times that his claim has been denied. He has been ordered in writing to return to work as many times. He has been warned that his actions amount to resignation. His response is that he has a disability, that Xerox’s decision is unacceptable and that he plans to enter hospital on a partial basis for intensive intervention.

[105.] It is difficult to fathom what action might be sufficient to goad Brian into finding employment. One method is to impute to him, commencing in 2005 an income close to that he has historically earned, viz., $108,170.00. I impute to him in 2005 and later years an income of $100,000.00.

Gainer v. Gainer, 2006 CanLII 12969 (ON S.C.)

[3] Mary is very angry and bitter. She is pursuing numerous statutory and tort based claims against Michael. Notwithstanding the Supreme Court of Canada’s view in Frame v. Smith, [1987] 2 S.C.R. 99 that such torts should not extend to the family law situation, her claims include damages of $100,000 for intentional infliction of mental suffering and damages of $25,000 for intimidation.

[16] The Court has substantial respect for these medical reports, especially that of Dr. Gallant, the most recent of the three reports. I note that it is now six months since that last report was prepared. While guarded, that last report was nevertheless cautiously optimistic in my view. It reflects slow but consistent progress from her state shortly after separation occurred, but it also acknowledges that setbacks could occur.

[24] Mary is a woman who has sustained a life-altering emotional injury from Michael’s hidden past and his current behaviour.

Hewat v. Hewat, 2003 CanLII 2131 (ON S.C.)

[3] The separation has proved extremely stressful to the Wife, such that her mental and to some extent physical health has been impaired. Although she had planned and trained for a return to work as a nurse prior to the separation, she has found herself virtually incapacitated by the break up of the marriage. She has not yet been able to return to work, nor until recently to deal with the financial issues arising from the separation and consequent necessity of dividing the marital property.

[47] However, in the three years since the separation, the Wife has been unable to return to work. She suffered from depression as a result of the break up of the marriage, and has now been diagnosed as having fibromyalgia.

Palinka v Palinka, 2003 CanLII 2195 (ON S.C.)

[10] A medical report by the respondent’s family physician is filed. It characterizes Ms. Palinka as distraught over the marriage breakdown, distracted over her financial crisis, and unable to work. No treatment is referred to; no prognosis is supplied. The report is self-serving in tone. The respondent’s plans to return to university in September belie this account. I do not accept that Ms. Palinka cannot work, only that she chooses not to.

Sobotka v. Sobotka, 2005 CanLII 3399 (ON S.C.)

[24] I accept the wife’s evidence that the separation was a shock to her and that her ability to adjust to the circumstances has been compromised. She required counselling and therapy to help her adjust and as treatment for depression.

Simpkins v. Simpkins, 2004 CanLII 28909 (ON C.A.)

By this time, her mental health was poor. She suffered from severe depression and was suicidal.

[6] The respondent’s mental health remained precarious and she withdrew from her retraining course. The appellant moved for reduction of support, in part, on the ground that he was unemployed and unable to afford to make the support payments. The respondent, in turn, brought her own application for a lump sum payment, partly on the advice of her psychiatrist, who advised her that she should resolve the litigation in order to get on with her life.

[12] In her evidence at trial, the respondent conceded that her lawyer had advised her not to sign the minutes of settlement and that she would be better advised to proceed with her claim. However, her psychiatrist advised her that it was important for her mental health to put an end to the legal proceedings and settle her claim for a lump sum.

Sitter v. Sitter, 2003 CanLII 2415 (ON S.C.)

[11] The petitioner has made claims that he is losing business and is under a lot of strain because of the marital breakdown.

Brown v. Brown, 2004 CanLII 12750 (ON S.C.)

Mark has been less available for the children. He testified that this was because of his on-going depression and his preoccupation, at times, with other matters, such as this litigation. Clearly he is disappointed that the children do not reach out to him more. He blames their apparent disinterest on Brenda, who, he believes, has turned the children against him

[64] Dr. Singh’s diagnosis was major depression recurrent and chronic with marriage disharmony

Lauge v. Liepins, 2002 CanLII 2712 (ON S.C.)

His position is that he is unable to work due to alcoholism and depression.

C.S. v. M.S., 2007 CanLII 6240 (ON S.C.)

[1] This case is even sadder than the usual family tragedy we see in the Family Court. After more than four years of warfare between the parents, during which the children were dragged by both parents into the middle of their relationship issues, three of the parties’ four children have left the mother’s home for the father’s home and no longer speak to their mother.

Both parents are emotional wrecks and are psychologically unfit to work. The father has been on long term disability for two years. The mother has been in counselling and unable to work for at least as long. The damage to the children is enormous too, though they at least are doing well in school.

Mollica v. Melchionna, 2006 CanLII 41526 (ON S.C.)

[1] In this motion Mr. Melchionna applies to vary the amount of child support ordered by Mr. Justice O’Connor November 26, 2004 of $823.00 per month. Mr. Melchionna takes the position that he has been and continues to be involuntarily unemployed due to an illness, namely depression.

[2] Having been presented with affidavit evidence and hearing submissions from both parties, I am prepared to accept that Mr. Melchionna was dismissed from his job as a construction site supervisor as of April 8, 2005 due to his illness, and that due to the acute nature of his illness as of that time, his union was unable to find him another placement

[3] I accept that, again due to the acute nature of his illness, he remained unemployed throughout the remainder of 2005 and was undergoing treatment for his illness. I accept that it was anticipated by Mr. Melchionna and his medical team that he would be in a position to return to work as of April 1, 2006

[11] Mr. Melchionna takes the position that a new support order should be based upon his current annual income of $12,000;

I impute income at an annual rate of $40,000 and order support payable, according to the Federal Child Support Guidelines at $601 per month from June 11, 2006.

St. Amant (Peddie) v. Walkingshaw, 2006 ONCJ 191 (CanLII)

[10] The father also says that he is suffering from his own health problems including stress. He speculates that he may not be able to continue working at the same pace in the future.

Stoate v. Stoate, 2005 CanLII 13820 (ON S.C.)

[16] Ms. Stoate and the children are embarrassed and suffer as a result of their inability to pay the bills and live the way they see others living. Ms. Stoate is on antidepressants from time to time. Tiffany could not handle the stress in the home and again moved out. Eric has been so troubled that he was cutting his arms with a kitchen knife. He is now in counselling.

Belcastro v. Belcastro, 2004 CanLII 10991 (ON S.C.)

Certainly he is blue when family breakdown impedes him in the role he does enjoy with the children of warmth and pride, but expanding that into a depression preventing him from working to support them smacks of an individual more concerned about me, me, me. He is simply self-centered and self-indulgent.

The letter of Dr. Tewfik, filed in support of the assertion that “reduction of his work productivity” is due to chronic depression caused by marital problems and access denial, loses much of its probative value because it is based on facts as asserted to the psychiatrist by the Applicant. While a psychiatrist might be generally expected to be able to cut through false symptoms, this thin report reveals an unquestioning acceptance of the Applicant’s view of the source of his troubles, a view unsupported by the evidence before me

Kalla v. Kalla, 2003 CanLII 2322 (ON S.C.)

[16] The husband has remained on sick leave since November 14, 2001. He has undergone independent psychiatric evaluation for the purposes of his disability claim. It was the opinion of the independent psychiatrist that he had a major depressive episode which is recurrent and severe. His treating psychiatrist opined in a report dated January 3, 2003 that he is totally and permanently disabled and is likely to be so long term.

[18] The wife testified that the husband has a history of using his illness when it suits him to take sick leave. For example, when he had creditors as a result of a failed renovation enterprise in 1994, he went on sick leave with the same condition of depression. The wife further testified that the husband had a history of working under the table, both while he was working for the TTC and while on sick leave and not declaring the income. It was submitted on her behalf that the husband had orchestrated going on sick leave in order to avoid his support obligations and was capable of working. Accordingly, it was submitted that the court should attribute to him his full employment income at the TTC for the purposes of fixing spousal and child support.

[26] While the timing of the husband going on sick leave raises suspicion, the medical evidence establishes that he has a legitimate illness of severe depression. There was no medical evidence to contradict this.

L.K. v. G.K., 2007 CanLII 9612 (ON S.C.)

[15] B.K., who is now 17, is registered as a full time student in Grade 11 at X[…] Secondary School. As noted above, he suffers from stress, anxiety and a stomach ulcer, which he attributes to his parents fighting over him. As a result, he failed a number of courses in Grade 10 and had only attended approximately half of his classes in the fall, prior to trial.

[16] J.K., who is now 23 years old, suffers from depression, which she attributes to years of emotional and verbal abuse by her mother. She takes medication and sees a psychiatrist. J.K. continued to reside with Mr. G.K. after the final Order.

[25] It was apparent in my interview with B.K. that he was highly anxious and stressed by the current situation. When I asked why he was missing school he stated:

Most of the days I just like, actually physically don’t feel well enough because I’ll get overly stressed.

Ferril v. Chen, 2006 ONCJ 301 (CanLII)

[19] Surayia is currently in counselling at the Peel Children’s Centre to assist her in dealing with her feelings.

Sgro v. Sgro, 2003 CanLII 2454 (ON S.C.)

The Respondent claims that he was despondent following the separation and could not concentrate and this led him to sell the business. The Petitioner suggests, and I accept that, he could have taken a leave of absence.

[5] From January to May of 2003, the Respondent husband stopped working. He claims this was for medical reasons and has filed letters from his physicians

Wheeldon v. Wheeldon, 2003 CanLII 2398 (ON S.C.)

[12] 6 year old Alexander is described by the psychiatrist who interviewed him on March 28, 2003 as “bright and alert”. The psychiatrist’s diagnosis of post-traumatic stress disorder is guarded.

[29] Particularly disconcerting is the Father’s failure to appreciate the harm inflicted on his boys by unnecessarily subjecting them to incessant prodding by doctors, psychiatrists, child protection workers, police, school and other health care counsellors.

[33] The second involvement by C.F.S. did not occur until September 20, 2002, nearly 2 ½ years after the first one and, coincidentally, at a time when the Mother was talking about moving to Essex. The investigation was initiated after the Father reported allegations of potential sexual abuse to the Timmins Police Services. The boys were subjected to separate video-interviews in the presence of two child protection workers and police personnel. The Mother’s nerves were shot: she had been told that these were serious allegations and that she could lose custody of her boys. The accusations were unsubstantiated; C.F.S. had no parenting concerns, apologized for putting the Mother and the boys through that ordeal and then closed their file

[34] The third involvement by C.F.S. was initiated in Timmins by the Father on March 17, 2003. The allegations were of exposure by the boys to bad language, racist comments, pornography on the satellite tv and on the computer and age-inappropriate movies while the boys were in Essex during the March break. Once again Erik and Alexander were subjected to probing interviews by social protection workers as were the Mother, her new partner, his ex-wife, his 13 year old daughter and his 11 year old son. C.F.S. concluded that the allegations were unfounded

Somerset v. Somerset, 2004 CanLII 16881 (ON S.C.)

[23] The plaintiff was hurt and became despondent, seeking medical treatment for his depression. He accepted a prescription for anti-depressant medication that he continues to take

Unhappy with the order for access, and that the court made no order for interim custody, the mother made a report made to Child and Family Services, alleging sexual improprieties by the father

Di Manno v. Di Manno, 2002 CanLII 2673 (ON S.C.)

I remind myself that Mr. Chilco's late involvement was due to his empathy for the difficulty he described the Respondent was having in dealing with the huge stresses he was enduring. This court also empathizes with that stress. This court knows that most of the people who come to us for determination of their domestic disputes are literally suffering. So, when I consider that time was wasted due to the Respondent's lack of meaningful participation, I must remember that the Applicant was also stressed and she was paying her lawyer throughout to obtain information that should reasonably have been forthcoming from the Respondent

12. Taking into account a softening for mixed success on the total issues, the impact of the offers, the factors for determining quantum, and the basis for differentiating between full and partial recovery, I fix costs in favour of the Applicant in the amount of $40,000

Stafford v. Rebane, 2004 CanLII 34080 (ON S.C.)

She submits that she suffers from depression. For this she is being treated by a psychiatrist and therapist. This also resulted in her being hospitalized for 3 months ending February 2003 at the Homewood Facility in Guelph.

Johnson v. Castellano, 2006 CanLII 34434 (ON S.C.)

Few personal events are as traumatic as separation and divorce. We often see reduced earnings in the aftermath of separation, as one or both parties go through a difficult period.

[12] The respondent’s period of depressed earnings is not matched by depressed expenses:

Foster v. Foster, 2004 ONCJ 114 (CanLII)

[24] Mr. Foster indicated that he met with his family doctor in 2001 and was advised that he needed time away from work because of the stress “associated with this matter”. He was off work for a period of four months. Further, he indicated that. in 2002, he became very frustrated and discouraged about the court proceeding not yet being resolved and, because of his financial situation, he once again met with his doctor and was on sick leave for six months. He says he was depressed and suicidal

[25] In relation to the third period of disability (from late November 2003 to late March 2004), a psychotherapist who had been involved with Mr. Foster since December 2003, indicated that he was experiencing high levels of stress and unable to work at the time. He had depressive symptoms such as difficulty with sleep, fatigue, difficulties with concentration and problem-solving, decreased memory, withdrawal and despair. “These symptoms seemed directly related to the ongoing, unresolved legal proceeding for spousal and child support.” (My emphasis.)

[26] In a report of 18 February 2004, the psychotherapist concluded (my emphasis added):

Mr. Foster is committed to resolving issues and being able to return to work. However, there needs to be a resolution in the present legal dispute as soon as possible. The lack of resolution continues to erode Mr. Foster’s sense of well-being and his basic abilities to be a contributing member of society. I write to strongly urge a resolution to these matters in the coming weeks so that Mr. Foster can begin to put his life back together.

[30] To allow such a claim as a basis for material change could actually empower and worsen the depression and the resultant disability. By granting such a claimant a financial benefit could reinforce the depression and the disability. The strongly held misperceived views would be rewarded by partially cancelling arrears or reducing support, and thus confirm or justify in the claimant’s mind the validity of his views.

37] What if Mr. Foster does not like this decision? What if he once again becomes depressed, goes on disability and has lower income? Is that a material change? Can someone make himself or herself sick because of strongly-held subjective views and then achieve the result for which he or she is looking? It is a slippery slope when a claim of this nature leads to a material change

[39] Accordingly, as far as the lower income caused by disability is concerned, I do not accept that it constitutes a material change in circumstances.

Beaudry v. Beaudry, 2004 CanLII 20399 (ON S.C.)

[7] He testified that he was depressed and emotional about the serious financial pressures placed on him as a result of the separation and that this affected his performance at work. His employer became concerned for his safety and that of his co-workers. He was therefore transferred from shift work to steady days where he could be more easily supervised. Unfortunately, that created even more financial problems for him: on shift work he could work 50 to 60 hours a week but on day shift he could work only 40 hours a week. In September his employer sent him to the company doctor who recommended that the husband take a break from work. He continued to receive a salary of $9,437 while on stress leave for 17 weeks.

[8] The stress leave salary continuation plan was designed to provide him an income during the eligibility waiting period for short term disability coverage. He expected to be placed on short term disability in mid-January of 2004

[11] The husband insists that he is unable emotionally or psychologically to return to work until after these proceedings are over. There is no evidence to support that opinion.

[12] The husband has been deliberately underemployed. A brief stress leave absence from work may have been justified but not a prolonged absence extending beyond eight months.

Biehn v. Biehn, 2003 CanLII 2062 (ON S.C.)

The breakdown of the marriage came without warning to the wife who was admitted for a brief period to a mental health facility immediately after the separation

T.P.S. v. K.E.S., 2007 CanLII 1900 (ON S.C.)

Her impression was that Mr. T.P.S. had placed his penis in the dog’s mouth as a sexual act and had ejaculated. Ms. K.E.S. said nothing that night. The next day she called the police. They called the Children’s Aid Society (“CAS”). The CAS interviewed the girls and they claimed that their father had hit them. When interviewed by the police and the CAS, Mr. T.P.S. denied any abuse and denied doing anything inappropriate with the dog

[14] On January 15, 2000, Mr. T.P.S. took a Zoloft overdose and was hospitalized briefly at the Georgetown Memorial Hospital.

J.B. v. A.B., 2006 CanLII 12294 (ON S.C.)

[61] What behavioural baggage does the husband bring with him to this court? What conduct has the potential to define his parental character and, thereby, affect the best interests of the child? We have the following (which I set out somewhat chronologically):

(a)	the suicide attempt and subsequent thoughts of suicide

In respect of (a), neither the wife nor her counsel appeared to attach much importance to the suicide attempt or suicide ideation. No medical evidence was adduced as to any conclusions that I might draw from such conduct. I do not think I am entitled to find that the husband is a mental-health risk.

Mahood v. Mahood, 2005 CanLII 19841 (ON S.C.)

[7] Father has been diagnosed with a major depressive disorder which makes it impossible for him to work.

J.H. v. S.H., 2004 CanLII 29739 (ON S.C.)

[9] The Respondent fell apart mentally and physically at the end of 2001

Obviously there has to be a change for the sake of the children. The payment of deficits from assets cannot last much longer

A summary letter from his Doctor, Stephen G. Ross, dated January 16, 2003 addressed “To whom it may concern, Re: S.H., Date of Birth: […], 1960” is included in his filed document book at Tab 41. Applicable parts of the letter state as follows:

This forty-two old gentleman has been a patient of mine for the past several years. On the twenty second of March 2001 he [complained] of marital difficulties and depression…Mr. S.H. was diagnosed with depression…

On November 13^th he said his life was in chaos. He had been suspended from work, arrested for criminal harassment, was separated…

His symptoms were continuing as of November 20th. He was depressed, anxious and worried about all aspects of his life. Counseling was ongoing…

Following his hospitalization he was seen again on December 27, 2000. He was still discouraged but Christmas with the kids was good. He was sleeping better and suffered from less anxiety. Work was on hold and he was looking for an apartment…

I am hopeful that this summary is able to provide you with an account of the…illness suffered by Mr. S.H. during this period of time. To summarize, he has suffered from longstanding depression and anxiety which had worsened due to marital difficulties

Swanson v. Swanson, 2004 CanLII 48679 (ON S.C.)

[54] Jeremy Swanson received long term disability benefits of approximately $2,451.00 per month while on stress leave from December 1999 until January 31, 2002

[105] The second incident involves the husband's failure to appear at a case conference that was scheduled for March 6, 2001.

[106] The Court's endorsement on that date indicates that, based upon information received from his lawyer, the husband was not able to attend and was "suffering major depressive illness such that he is considered unable to participate in these court proceedings in a competent fashion." (See Exhibit 16, Tab 1.)

J.P. (Re), 2005 CanLII 57901 (ON C.C.B.)

Mr. J.P. married Ms. A.G. when he was in his early thirties. His two children from this relationship are now university age. Mr. J.P. and his wife separated in 1992, but were only divorced in early 2004. Evidence elicited during the course of the hearing indicated that Mr. J.P. was adamant that he had not learned of the finalization of the divorce proceedings until early December 2004, and Mr. J.P. was insistent that much of his behaviour surrounding the events leading to his admission were related to his attempts to address outstanding issues with his ex-wife

RESULT

For the reasons set out above, the Board confirmed both Mr. J.P.’s involuntary status and the finding that he was incapable with respect to treatment of the mental disorder from which he suffers

K.B. (Re), 2003 CanLII 54926 (ON C.C.B.)

Doctor Stall’s Evidence

Dr. S. presented his own evidence and called no witnesses. Dr. S. said Mr. B. is a 40 year-old male. He was married for 10 years but is now separated from his wife. He actively volunteers at his Baptist church’s drop-in center. Recently, Mr. B. attempted to commit suicide by overdosing on his medications. At 3 am that morning, he went to the drop-in center where he volunteers. While there, he wrote a seven-page suicide letter and will. He then consumed large quantities of several of his medications.

RESULT

The Board concludes based upon the evidence above that Dr. S. has met the requirements of the Mental Health Act and confirms Mr. B.’s involuntary status

L. (Re), 2007 CanLII 19783 (ON C.C.B.)

Dr. Power said that Ms. L. was a 41 year old divorced woman who had been living with her son in her home until approximately six weeks ago. Her son’s school had contacted Family and Children’s Services regarding the child’s behavioural issues. While the exact sequence of events was not clear from the evidence what is clear is that Ms. L’s former husband obtained a custody order and her 9 year old child was now living with him.

Ms. L. told police that she was grieving the loss of her son.

It was clear from the patient’s own evidence that she had attempted suicide in 2002 and that the only reason she was not successful was as a result of the diligence of her former employer who checked in on her at home and found her unconscious

The police found her house to be a mess, she had no food and she was clearly not taking care of herself. The patient’s expression that her son would be “better off with a dead mother” must be viewed in the context of the physical signs of a woman who had given up on life. All of the evidence pointed to the worsening of a major untreated depression

We found that Ms. L’s major depression would likely result in serious bodily harm to her

Moro v. Miletich, 1998 CanLII 14881 (ON S.C.)

[8] On the 6th of August, 1994, Ms. Moro packed a few items in the family van, took a baseball bat and vandalized the remaining family vehicle and left London. By the 6th of September, 1994, she was hospitalized for two weeks for observation at the Whitby Psychiatric Hospital.

After her discharge on the 20th of September, 1994, Ms. Moro remained in the Whitby/Ajax area. She was again further hospitalized at the Ajax Psychiatric Hospital for two months, until mid-November 1994. Between separation and the end of 1994, she saw her children only once.

[9] After November 1994, Ms. Moro returned to London. She returned to work part-time while continuing under doctor’s care. Ms. Moro was again hospitalized between May and June of 1995

However, Ms. Moro was again hospitalized in December 1995 for a week, was discharged for a short period, then returned to hospital for a month.

R. v. Miller, 1991 CanLII 2704 (ON C.A.)

After Bridge had informed Ms. Howard that he intended to leave her, she sought his advice and assistance on the best way of committing suicide.

Boomhower v. Yusko, 2004 CanLII 5030 (ON S.C.)

But when the parties separated in April 1999, Brandon was left in Ms. Boomhower’s care and she has been the primary caregiver from that time until January 23,

The therapist’s report confirms the psychiatric diagnosis and indicates that she “seems committed” to educating herself regarding depression management. Yet, in the mother’s own account of what happened prior to and on January 23, 2003, there is little or no recognition of the effect on Brandon of her depression, her overdose while he was alone with her, and of her leaving him to go to the ambulance (after the former partner happened to return and found her).

Nastasi v. Nastasi, 2006 CanLII 33689 (ON S.C.)

[11] Ms. Nastasi testified that in April 2005 Mr. Nastasi calmly told her that he intended to take Dario away and that he might commit suicide. Mr. Nastasi proffered during his testimony in chief that “out of desperation” he said things during the spring of 2005 that he should not have, and he acknowledged that he threatened to take Dario away. He described becoming more depressed during those months. He was particularly concerned about his relationship with his son

[13] Unfortunately, on May 31, 2005, Mr. Nastasi did attempt suicide by overdosing on prescribed medication that he had “stockpiled.” Mr. Nastasi testified that his pain over the breakdown of his marriage was so great that he tried to commit suicide.

[14] Because Dario alerted his mother that he could not wake up his father, Ms. Nastasi was able to obtain medical attention for Mr. Nastasi. During the one-month period that Mr. Nastasi was hospitalized, Ms. Nastasi could not obtain any information with respect to Mr. Nastasi’s medical condition.

Segal v. Qu, 2001 CanLII 28201 (ON S.C.)

[15] Mr. Segal had been depressed following his separation from his first wife. He had even attempted suicide and was treated with anti-depressants

T.L.M. v. B.A.M., 2008 CanLII 28748 (ON S.C.)

He further acknowledges that he suffers from depression and had a breakdown in 2005. The Husband says that he went out West in the summer of 2005 to see his sister and checked into the psychiatric ward in the Chilliwack Hospital, where he received help, returning to Toronto in October 2005.

Takis v. Takis, 2002 CanLII 2818 (ON S.C.)

[5] Notwithstanding the wording of paragraph 8 in the separation agreement, the parties continued the regime of shared parenting with Anastasia moving from the home of one parent to the other every three days. This arrangement which, in essence, was an oral amendment to the separation agreement continued until 11 April, 2001 when Tarace was hospitalized for a suicide attempt or suicide gesture. She remained in hospital for 19 days. Difficulties ensued with respect to the parenting arrangement for Anastasia..

There were other causes. Pauline Nelson, the mental health therapist Tarace was referred to on 16 May 2001, recorded the causes of the suicide gesture as reported by Tarace to be “separation from spouse, custody conflict, financial struggles in business, physical/mental abuse by spouse, recent separation from abusive boyfriend who owed her $20,000

Khan v. Kong, 2007 CanLII 61091 (ON S.C.)

I am concerned about the stability of the Khan family unit. Suzette seems to be depressed. She does not appear to be an emotionally strong person. She has had suicide ideation. No evidence was presented to indicate that even if Rayanne were to spend more time with her, her emotional health would improve. She is not taking any steps to obtain assistance with her emotional issues

W. M. v. C. H., 2003 CanLII 49833 (ON C.J.)

Dr. Crewson wrote a later note on 10 April 2003 (tab 4 of the trial record):

[Ms. C. H.] remains functionally disabled due to her chronic severe depression and is unemployable and totally incapacitated and will remain so probably indefinitely.

[18] Mr. W. M. subpoened Dr. Crewson to testify in this proceeding. The physician reconfirmed her earlier opinion that, because of stress and depression, his former wife could only do basic menial undertakings and would not be self-supporting for medical reasons.

Dolman v. Dolman, 1998 CanLII 14875 (ON S.C.)

[33] At the time of separation Mrs. Dolman was employed at the Bank of Nova Scotia as a teller earning approximately $25,000.00 a year. Her evidence was that in July, 1997, she had to stop work because of an increase in symptoms of her ongoing health problems relating to chronic depression. Medical reports filed in this trial include a note dated March 6, 1998 from the offices of Drs. Fraser and Wooder, Mrs. Dolman’s physicians, which states that “Ms. Dolman remains disabled from work as a result of dysthymia, major depression, and a number of anxiety symptoms”.

Lear v. Lear, 2004 CanLII 14820 (ON S.C.)

He says that he has not worked since December 2002, when the company for which he worked closed its Canadian operations. He has not worked since and claims to be disabled by reason of depression.

She received an order from Mr. Justice Bolan on July 24, 2001, increasing the monthly support by $500 to a total monthly award of $1500. The hearing proceeded without Mr. Lear who had suffered an attack of some kind outside the courtroom and had been rushed to hospital.

[14] He claims to currently take several types of anti-depressants. He said his depression began in the mid-1990’s and has gradually worsened. Mr. Lear included in his application records two medical reports from his psychiatrist, Dr. Steven Connell, dated February 10, 1999 and February 21, 2001. In the first report Dr. Connell says that “presented with a depressed mood that clearly was resultant from a court case involving separation from his ex-wife. He was highly disturbed by the financial burden that he believed had been unfairly and deceptively placed on his shoulders by an ex-wife who claimed that she was unable to work full time.”

[15] Dr. Connell concludes, “His problems, in my assessment, are directly related to his experience of an interminable court battle . . . In my opinion, the psychotic condition of both he and his ex-wife would be greatly helped by a final settlement and conclusion to their relationship.”

Philip v. Philip, 1997 CanLII 12383 (ON S.C.)

[1] The issue in this case is entitlement to spousal support where no application for support is made until many years after separation.

[2] Judgment shall issue for spousal support as a result of the following combination of factors:

(iv) the wife’s inability to act in her own interest, including the asserting of legal claims, due to her undiagnosed condition of major depression coincident with the separation from her husband and continuing to the present

I hasten to repeat that the depression is an individual reaction to stressors, including marriage breakdown. It is real.

[38] I find it understandable that Mrs. Philp did not assert her claim until it was in response to the Petition brought by Mr. Philp. She was plagued by major depression. That led to virtual paralysis in the face of complications in finding a lawyer who would assist and applying for legal aid. She repeatedly exclaimed in her testimony that she was “too busy” to attend to this imperative. I find she was overwhelmed by her depression and her poverty. She wandered aimlessly.

Murphy v. Murphy, 1995 CanLII 7356 (ON S.C.)

22] Dr. Barry D. Jones, a psychiatrist on the staff of the Royal Ottawa Hospital who had been involved in treatment of Mrs. Murphy for some 6 years described her “schizo-effective disorder” as difficult to diagnose with certainty. He said it involves depression with sometimes psychotic features. She can perform quite well at times, when not under stress but when under stress, becomes depressed, angry at people she is dependent on and acts quite irrationally, contrary to her best interests. He said that while Mrs. Murphy was “competent” in a legal sense, her judgment as to what is in her own best interest is seriously impaired when is under stress. In a written report admitted into evidence, he stated:

To the extent that her tendency to enter into these states of very poor judgment is dependent on stressors that are happening at the time and given that the separation and divorce from her husband was an extremely stressful event for her emotionally, I can suspect although not confirm, that she may not have been competent at the time that she signed the agreement.

Hosannah v. Bury, 2006 CanLII 1025 (ON S.C.)

[5] Secondly, the plaintiff asserts that he suffered depression and resulting inability to work as a result of Bury’s actions. The evidence, particularly the contemporaneous medical records of his treating doctors, convincingly indicate that the plaintiff’s depression pre-dated Bury’s involvement and that it resulted from his wife leaving him and taking the children. Further, his employer’s psychiatric consultant stated “aside from his wife leaving there are no other stressors.”

Minshall v. Minshall, 2003 CanLII 2332 (ON S.C.)

Dr. Macmichaels evidence is uncontradicted that the plaintiff suffers from major depression and generalized anxiety and will never be able to work more than 20 hours per week.

Simms v. Simms, 2002 CanLII 2735 (ON S.C.)

She was also treated for depression in the time following separation and was on anti-depressant pills (which also restricted her driving) for about a year after the respondent left and later in Alberta. The applicant testified that she ended up on social assistance in Alberta and had doctors' notes to explain her inability to work at that time.

Ratman v. Ratman, 2008 CanLII 8424 (ON S.C.)

Dr. Vanderlinden then concluded that the respondent had lumbar spondylosis but that his signs and symptoms were more characteristic of lumbar facet joint syndrome. He noted that his mobility was reduced. He also noted that psychogenic pain amplification was present based on chronic anxiety and depression.

Dr. Nynkowski met with the respondent on five occasions commencing in April 2005 in preparation for his report of June 23, 2005. In accordance with the DSM IV classification of mental disorders, he had diagnosed the respondent as suffering from “chronic pain related back injury – major depressive disorder – adjustment disorder with anxious and depressed mood”. He also noted “very poor psychosocial adjustment – marital difficulties – financial difficulties – fluctuating stress”. In his report he stated:

It is my opinion, that based on the information from the file as well as from personal interviews, Mr. Ratman is unemployable at this point.

(c) Dr. J.R. Ochocinski

The respondent’s family physician Dr. Ochocinski issued a brief report on November 16, 2007 with regard to a meeting with the respondent on that date and he offered a diagnosis of chronic pain, depression and hypertension. In closing his brief report, he stated that the respondent is “not able to undertake any gainful employment”.

[37] While there are gaps in the medical evidence with respect to the respondent’s treatment history, particularly between 2005 and the date of trial, I am satisfied that, from the time of the parties’ separation in 2005 to the date of the trial, the respondent has been disabled and unable to engage in gainful employment.

Kelly v. Kelly, 2003 CanLII 2344 (ON S.C.)

In Exhibit E the plaintiff describes the depths of her depression.

Exhibit S is a letter dated November 5, 1991 from Dr. Marr to Dr. Aylett in which he states:

1) “That she continues to be completely uncertain about what to do since her separation. She remains separated but still has marked ties with her husband;

2) That this lady has quite a significant degree of depression and recently I changed her from Meprotyline 150 mgs h.s. to Fluoxetine 20 mgs. in the morning

The admission history is a report of Dr. Marr who states:

“- Was admitted with a very marked worsening of her depression

Kelly v. Kelly, 2004 CanLII 4328 (ON C.A.)

[14] In June 2001 Mrs. Kelly began these proceedings for support and for a further equalization payment. On September 18, 2003, the motions judge granted summary judgment dismissing her claims. He concluded that the two agreements she signed – each after having received legal advice – barred her claims

[27] In so concluding, however, the motions judge failed to come to grips with Mrs. Kelly’s mental illnesses. Legal advice is not an automatic antidote for a party’s vulnerability. Mrs. Kelly gave evidence that even with the assistance of a lawyer, neither in 1991 nor in 1997 could she bring herself to insist on proper disclosure, including a valuation of KBL. Moreover, she said that in 1991 she signed the separation agreement because she believed her husband when he told her that it would secure her financial independence; and that in 1997 she signed the addendum because she accepted her husband’s wish to pay more child support instead of spousal support, not ever contemplating that the children would leave her house less than a month later

Mrs. Kelly is entitled to the costs of the motion, which I would fix at $7,500 and the costs of the appeal, which I would fix at $9,000, each amount inclusive of disbursements and GST.

Abdilla v. Abdilla, 2004 CanLII 35086 (ON S.C.)

[10] The respondent who had been regularly employed prior to the marriage and during the marriage has not been employed since he was laid off from his employer, the Boeing Aircraft Corporation, in August of 2001.

There were numerous medical reports filed by the respondent setting out numerous medical problems faced by the respondent. He is described as having a “major depression” and becoming “dysfunctional” after his marital situation began deteriorating and after his Employment Insurance ran out. He received some psychiatric treatment for his depression. His doctor, Dr. Fiorini, described him on July 2, 2004, as “unable to go to any productive work”. Prior to this time his psychiatrist ordered that he should increase his dosage of anti-depressants. Psychotherapy was recommended as early as February 2004 but evidently this recommendation was not followed. Dr. Fiorini described him as being “unable to look for a job, for the time being, since he is so distressed over his divorce proceedings”.

[14] I, therefore, conclude that the respondent is intentionally under-employed. Regrettably, the respondent’s desire not to pay money to the petitioner is more likely than not the principal driving factor in his current refusal to seek employment.

Kohl v. Finnis, 2000 CanLII 22445 (ON S.C.)

(e) Although Mr. Kohl raises mental depression as a reason for his stated inability to earn money, his November 15, 1999 affidavit does not mention a word about sickness as a cause for inability to pay. Depression was not raised by him for eight months, until shortly before the hearing. In any event, the evidence is that Mr. Kohl did not seek the assistance of a physician initially, while he “got used to” the symptoms about which he now complains. Dr. Chawla has now referred him for psychiatric counselling. No report, however, was offered from Dr. Prakash, the specialist

[4] On this evidence, Mr. Kohl has not met the heavy onus of proof resting on him. In truth, the material discloses nothing more than a resolute refusal to pay.

Pipitone v. Pipitone, 2000 CanLII 22533 (ON S.C.)

[8] Petitioner is unable to work at the present time due to chronic depressive reaction. The marriage break down was a contributing factor to petitioner’s disability. Petitioner, therefore, has a need flowing from the break up of the marriage. Dr. Finkelstein’s prognosis was that petitioner would require a minimum of two years after this litigation to stabilize emotionally. The end of this litigation and petitioner’s return to her extended family in Toronto were factors which might contribute positively to petitioner’s recovery. Petitioner last worked in a law office in December 1997. Petitioner may require an upgrading of her skills if and when she returns to work. Given the uncertainty of petitioner’s condition any support ordered in this action should be reviewed in two years.

Benac v. Benac, 1997 CanLII 1752 (ON C.A.)

The parties separated in April of 1991.

On December 18, 1995, Susan Benac was hospitalized following increasingly apparent symptoms of depression. She was discharged on January 10, 1996, having been placed on new medication which was apparently effective.

Her father commenced these proceedings, and an order was made on January 26, 1996 by McKay J. confirming joint custody, with the principal residence of the child to be with the father.

An affidavit of the father, filed on this motion, and a letter from her psychiatrist indicate that Susan Benac was hospitalized again this winter from December 4, 1996 to January 10, 1997

R.L. (Re), 2007 CanLII 41563 (ON C.C.B.)

The following individuals testified before the panel:

• The patient Ms. R. L. ; and

• The attending physician Dr. Power.

The doctor diagnosed the patient as suffering from major depression

She was separated from her husband, who had recently brought legal proceedings to obtain custody of their ten year old son. Her former husband had refused recent requests by the patient to see her son.

On July 10, 2007, the police brought Ms. R. L. to the hospital. She admitted to emergency staff that she suffered from depression, suicidal ideation, reduced sleep, and reduced appetite. Her mother reported two recent suicide attempts by the patient, involving drowning, and an asphyxiation attempt, both accompanied by overdoses of medication

The doctor testified that Ms. R. L. was not suitable for voluntary status. The panel was in agreement with the doctor’s prediction that it was likely that Ms. R. L. would return to her home immediately, not take her prescribed medication, and make another suicide attempt

The panel relied on the patient’s past record of suicide attempts, the candour with which Ms. R. L.. admitted and described her recent attempts, and the fact that she would be returning to precisely the same stresses which had culminated in her last series of suicide attempts. The environment of hopelessness which led to her previous attempts would be replicated if she left the psychiatric facility

RESULT

The certificate of involuntary admission was confirmed

M. L. (Re), 2007 CanLII 20021 (ON C.C.B.)

Dr. Woogh gave the only evidence submitted to the Board. She stated that Ms. “M. L.” was a 42 year old separated woman with a long psychiatric history. She lives with a 15 year old son in Arden, Ontario.

She was admitted to hospital on February 7, 2007 when brought in by police. She had been at the court to testify in proceedings against her estranged husband when she became agitated. She began to speak loudly with flights of ideas. On admission she was found to be orientated in the three spheres but was easily distracted. She had been emotionally upset for several days and preoccupied with her problems with her husband prio