Andrew A. Nicholls

The appellant appealed a trial order concerning parenting time, decision-making authority, and child support arrears, and sought leave to appeal a costs award.

The Court of Appeal dismissed the appellant's motion to adduce fresh evidence, finding it repetitive of trial evidence and not meeting the Palmer test.

The Court upheld the trial judge's decisions on equal parenting time (2-2-3 schedule), parallel decision-making (even though parties sought sole authority), and the finding that the appellant waived entitlement to retroactive child support.

Leave to appeal the costs award was denied, as the trial judge's discretion was found to be properly exercised based on the appellant's litigation conduct.

The applicant mother sought exclusive possession of the matrimonial home, spousal support, child support, and disclosure, while the respondent father brought a cross-motion for immediate sale of the home.

The court dismissed the father's motion for immediate sale and granted the mother exclusive possession, finding it unfair to dislocate her and the children prematurely given the availability of an early trial.

The court also declined to impute income to either party on an interim basis, citing the complexity of the income analysis and the summary nature of motions.

Temporary child and spousal support were ordered based on the father's stated income, with all support determinations being without prejudice to re-determination at trial.