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The court granted a time-limited stay of execution pending an s. 83 hearing, on condition that the applicants pay $100,000 and the plaintiff produce ordered records.
The court reduced child support after finding the respondent’s income had fallen and there was no basis to impute additional income. It also cancelled arrears and a property charge.
The court held that SMS had been assigned the Ontario judgment and could register it in British Columbia. A procedural stay under Ontario Rule 11.01 did not invalidate registration.
Post-trial family law applications: financial disclosure and conduct orders were granted, a fine request was dismissed, and several contested issues were adjourned for more evidence.
The court refused retroactive support adjustments for 2009-2015, ordered retroactive 2016 child support, set ongoing support for an adult university student, and kept the FMEA charge in place.
District Registrar Sainty assessed special costs, Scale 3 costs, and disbursements in a strata lien enforcement matter, reducing duplicated time entries and some photocopy claims.
Although the Court of Appeal expressed doubt as to its jurisdiction to grant the Rule 59.06 relief after the appeal was disposed, because no objection was raised it considered the motion and dismissed it on the merits for failure to produce proper supporting material and because the relief was not sought when the appeal was heard; the respondent may reapply to the Superior Court of Justice with appropriate material.
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