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An extension of time to appeal was granted in a family support variation case. The Court found the delay was explained, prejudice was manageable, and the appeal was not doomed to fail.
The appeals were dismissed because the appellant repeatedly failed to comply with court-ordered financial disclosure and support/costs obligations, failed to attend required hearings or to provide evidence of hospitalization, and therefore the contempt finding, penalty and the awarded costs were appropriate.
Source excerpt
The court dismissed a request to imprison Mr. Ibrahim for contempt, finding the disputed ability-to-pay issues could not be decided on affidavit evidence alone.
The court set aside a child support order, cancelled arrears in the alternative, and fixed ongoing support at $650 monthly, finding the child remained dependent.
The court imputed M.A.H.’s income at $125,000, refused to impute income to M.F.W., and dismissed requests to terminate spousal support or reduce arrears.
The court dismissed a support variation application, finding no reliable evidence of a past material change or long-term inability to pay arrears.
Sentencing decision for civil contempt in a family law matter. The court imposed a 30-day custodial sentence, suspended on strict compliance conditions tied to support and arrears payments.
No material change justified varying the parenting provisions; parenting arrangement from August 10, 2016 is retained because it remains in child's best interests. Applicant's earning capacity supports imputing income of $43,000 per year; prospective table support set at $366/month from June 30, 2018. Retroactive table support ordered for specified periods based on applicant's actual and historical earnings and applicant held blameworthy for failing to disclose increased income. Applicant ordered to pay proportionate retroactive section 7 childcare share; arrears payable at $100/month over pr…
Source excerpt
The court dismissed a father’s application to retroactively and prospectively vary child support, cancel arrears, and change parenting arrangements, but reduced s. 7 expense sharing to 25%.
The Court of Appeal declared Dr. Hokhold a vexatious litigant and stayed the remaining gold coin appeals, citing repeated unmeritorious filings and abuse of process.
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