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The court reduced needs-based spousal support after finding the recipient’s needs had decreased, but held any reduction based on the payor’s future retirement was premature.
The Tribunal held that the medical records identified in the Respondent's December 17, 2018 correspondence are arguably relevant and must be disclosed, but the Tribunal lacks authority to permit pre-hearing contact with the complainant's treating physicians absent consent or rare circumstances; the request to speak to treating physicians prior to hearing was denied.
Source excerpt
The court upheld a 2006 separation agreement, dismissed the claimant’s spousal support claim, and found the adult son was not currently a child of the marriage.
The motion to dismiss is denied because the short delays were explained by the complainant's serious health issues, prior consensual extensions and recent participation in case management and mediation; the delay was neither inordinate nor inexcusable, the respondent has not demonstrated likely serious prejudice at this stage, and the conduct does not constitute a wholesale disregard for Tribunal process; the complaint proceeds subject to clear directions and deadlines.
Source excerpt
The Member refused to recuse because the USB device distribution and brief handshakes were minor, occurred in the presence of the Respondent's counsel, involved no data or evidence of improper influence, and were consistent with informal courtroom pleasantries. Given the Member's demonstrated conduct throughout the proceeding ensuring procedural fairness, a reasonable informed person would not conclude the Member lacked impartiality; therefore no reasonable apprehension of bias was established and recusal was not required.
Source excerpt
Tribunal found complainant established a prima facie case because respondent knew of a medical condition, but respondent discharged its burden by showing it implemented an action plan and reasonable accommodations; the complainant failed to disclose full medical information and did not adequately assist the accommodation process; further accommodation (including extending the two‑year program) would have amounted to undue hardship given persistent performance deficits, therefore no discriminatory termination was established.
Source excerpt
La Corte desestimĂł la solicitud de declarar que la hija adulta seguĂa siendo “child of the marriage” para fines de manutenciĂłn y otorgĂł costas al demandado.
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