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The Court of Appeal dismissed the appeal and a fresh evidence motion because the appellant remained in breach of court orders, the appeal lacked merit, and it was a collateral attack.
The court varied interim spousal support retroactively, imputed minimum wage income to the claimant, and denied cancellation of arrears after finding the respondent’s disclosure inadequate.
Court ordered a de novo spousal support review, found ongoing compensatory and non-compensatory entitlement, and varied support rather than terminating it.
The Court of Appeal lacks jurisdiction because the appeal challenges a final Family Court order made under provincial law and must be brought to the Divisional Court under s.19(1)(a.1) of the Courts of Justice Act; exercising the Court’s discretion under s.110(1), transfer was refused because the appeal has questionable merit and further delay would prejudice the respondent and child.
Source excerpt
The court enforced the separation agreement, awarded spousal support and bonus arrears in part, and reviewed support to a reduced term ending in 2027.
Divorce and family financial issues were resolved, including property division, debt characterization, child support, spousal support, and arrears.
Interim family-law reasons on parenting exchanges, denied parenting time, and police enforcement. The court refused professional supervision, granted limited compensatory time, and declined police enforcement.
Majority: Appellant failed to establish the required material change in circumstances because the project‑based job loss was within the trial judge’s contemplation and the appellant deliberately created his inability to pay by refusing available work; accordingly the Applications Judge did not err in dismissing variation of child and partner support, refusing parental schedule change, and in not addressing arrears. Dissent would have imputed income and remitted the partner support issue.
Source excerpt
The court allowed a family arbitration appeal in part, setting aside a speculative spousal support termination date, adding arrears, and awarding costs.
The court dismissed an application for an updated s. 211 Family Law Act assessment, finding it was not yet clear the report was required to assist with the children’s needs.
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