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The Court of Appeal dismissed a motion to review the refusal of an extension of time to appeal, finding no error and no basis to disturb the motion judge’s decision.
The appeal was quashed because the respondent deliberately and persistently disobeyed the trial judgment and this court's orders regarding spousal support; under established authorities and discretionary factors (wilfulness, arrears, excuses, remedial efforts) such conduct justifies quashing the appeal, awarding full indemnity costs, securing those costs as a support charge and precluding the respondent from further Court of Appeal proceedings until compliance.
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The court clarified monthly spousal and child support for defined periods, declined to vary special expenses, and fixed prospective special expenses.
The court dismissed an application to terminate spousal support, finding no material change in circumstances and confirming the existing support order.
The court dismissed the claimant’s application for a stay of a support-enforcement order, finding no compelling change in circumstances and no merit in the request.
Extension of time was granted because the delay was short (13 days), the appellant acted promptly to apply, the proposed appeal raised a potential merit (trial judge's reasons did not expressly address claimed informal payments), and the respondent did not demonstrate prejudice; therefore equities favored allowing the appeal and the notice was deemed filed nunc pro tunc to the date of the hearing.
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Family law trial deciding custody, parenting time, support, property claims, and divorce. Mother received sole custody; both parents remained guardians; support and arrears were ordered.
Because the respondent was successful on the majority of issues on appeal and his time and rates were reasonable, a fair and reasonable costs award was fixed at $25,000 inclusive of disbursements and applicable taxes; that award is a support order enforceable by the Family Responsibility Office; the motion judge's separate costs award was not before this court and requires leave under s.133(b) to be appealed.
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Because Paisley J. had ordered that costs awarded in favour of the respondent be treated as child support under the Act, and the appellant took no position, the Court ordered that the $24,000 costs award be treated as a support order and be enforceable under the Family Responsibility and Support Arrears Enforcement Act.
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The court erred in ordering vesting of 100% of the private Nortel pension because that result conflicts with the Pension Benefits Act which prohibits assignment and limits execution for support to 50%; similarly, garnishment of 100% of CPP and OAS was impermissible because federal garnishment under FOAEAA is subject to provincial garnishment law and Ontario's enforcement regime limits garnishment to 50%; accordingly the vesting and 100% garnishment orders were set aside while preserving limited garnishment up to 50%; costs below were upheld and no costs awarded for the appeal.
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