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The court declined retroactive private school contributions, set guideline incomes for 2021–2024, reallocated s. 7 expenses proportionately, and kept shared parenting responsibilities.
The court dismissed certification of a proposed class action over terminated extended health benefits, finding the pleadings failed to disclose a cause of action, but granted leave to amend.
Application to hear mootness first was dismissed. The Court said there was little practical utility in a separate preliminary hearing and the discretion to hear a moot appeal may require the merits.
Supplemental reasons record a consent order requiring the claimant to pay the child’s therapy costs and eliminating any retroactive contribution claim against the respondent.
The Court held that the trial judge's careful and detailed credibility findings rejecting the appellant's explanation were open on the record and not subject to appellate reversal, and that termination was a proportional response to the misconduct; therefore the appeal was dismissed.
Source excerpt
The court allowed an appeal from a Master’s order, awarding the plaintiff overpaid LTD benefits, special damages for legal expenses, interest, and costs.
Application in a family proceeding: the court refused a police enforcement clause, ordered the child’s surname changed to Boland-Landa, and clarified disclosure and access terms.
On a damages assessment after default judgment, the court awarded repayment of disability overpayments but refused special damages for legal fees.
The Court upheld the trial judge's factual finding of total disability based on accepted medical and vocational evidence and absence of contrary expert evidence, rejecting mitigation for inability to work; however punitive damages awarded at trial were set aside because such relief was not pleaded or put in issue.
Source excerpt
The court held that the husband must pay for or reimburse the wife’s Manulife Premiere extended health and dental coverage, as the closest substitute for the prior plan.
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