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The court refused to set aside a family-law consent order in full, but varied child support and section 7 terms, averaged the respondent’s income, and ordered arrears and disclosure.
Interim family-law reasons granting disclosure orders, imputing the respondent’s income at $225,000, and ordering child and spousal support; no fine imposed at this stage.
The court imputed higher income to the respondent, ordered retroactive and prospective child support, recalculated section 7 shares, and kept a transportation-cost order in place.
The Court dismissed the appeal: the trial judge did not err in admitting limited portions of the collision reconstruction expert's evidence despite realistic concerns about bias because the expert attested to his duty and the judge properly constrained the opinion to the expert's personal observations and reliable analyses; although the Crown should have disclosed the report submitted for peer review and that non‑disclosure violated the appellant's s.7 rights, the nondisclosure did not impair the accused's ability to make full answer and defence and no further remedy was warranted.
Source excerpt
The court fixed the parties’ child-support incomes from oral evidence, ordered the mother to pay $970 monthly, and treated private school tuition as a special expense.
Because both parties failed to disclose financial information in a timely way, both achieved only partial success on substantive relief, and the dispute over variation and arrears was a legitimate contested issue, the court exercised its discretion to order that each party bear their own costs; the court recalculated arrears and terminated spousal support effective 2006 where appropriate but otherwise adjusted support and scheduled a review.
Source excerpt
The court increased the respondent’s imputed income, raised child support, and awarded spousal support, while leaving the special costs award unchanged.
Child support variation dispute in which the court declined to impute income, dismissed retroactive support and contempt claims, and set ongoing support at $662 per month.
The court declined to vary joint custody and guardianship, but amended travel and trust-fund terms, ordered financial disclosure, and fixed interim child support.
Interim family-law orders fixed the parties’ Guideline incomes, granted the mother custody, set the father’s access, and ordered child support and nanny expense sharing.
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