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The Court of Appeal for Ontario quashed the appeal for repeated non-compliance with support and parenting orders, awarding $20,000 full-indemnity costs.
Appeal from a case management order was allowed in part because the filing deadline conflicted with an earlier order requiring transcript production.
The Court of Appeal upheld the trial judge's exercise of discretion to refuse the appellant's late change of pleaded position, affirmed that specific performance was an appropriate equitable remedy, accepted the quantification of abatement based on independent servicing costs given the appellant's conduct and ability to frustrate connection, found no reasonable apprehension of bias, and awarded costs to the respondent totaling $35,000.
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The Court upheld the motion judge's application of the three‑pronged adverse possession test, finding that the facts relevant to the third requirement (effective exclusion) could be determined on the motion record and that the third requirement applies in cases of mutual mistake; accordingly the appeal was dismissed and the costs award adjusted from full indemnity to substantial indemnity ($50,000).
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