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Ontario Court of Appeal dismissed a family law appeal, upheld a leave-to-move order and costs order below, and awarded appeal costs of $10,000.
The Court of Appeal dismissed a family law appeal, a fresh evidence motion, and a review motion, and ordered costs of $6,000 payable to Ms. Tiveron.
The court adjourned a default damages assessment only on strict conditions, including special costs, payment of the existing bill, and $25,000 security for costs.
The Court of Appeal dismissed A.N.H.’s chambers motion without reaching the merits, citing his vexatious litigant status, unpaid support and costs, and abuse of process.
The Court of Appeal amended its earlier order to allow assessed costs to be set off against support arrears, giving effect to the parties’ financial resolution.
Although the monetary amounts fell within Divisional Court jurisdiction under s.19(1.2), the Court of Appeal exercised its discretion to decline the appellant's request to transfer the appeal because of the appellant's disregard of the existing order and error in bringing the matter to this Court, quashing the appeal and awarding costs to the respondent.
Source excerpt
The motions judge erred in finding a material change in circumstances; on this record the appellate court fixed the spousal support arrears as of January 24, 2003 at $6,000 less any payments to FRO and ordered repayment in equal monthly instalments over six years and set aside the motions judge's cost order, awarding costs to the appellant in the appellate court and before the motions judge.
Source excerpt
The appeal was dismissed because the respondent had adequately put the appellant on notice of reliance on Rule 57.03 and, in any event, the dismissal could be sustained under Rule 60.12; the motion judge's findings that the appellant was not impecunious and her discretionary decision to dismiss for persistent non-payment of multiple costs orders were open on the record; the belated payment did not meet the criteria to admit fresh evidence.
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