The appellant mother appealed a motion judge's dismissal of her motion to strike or stay the respondent father's motion to change a final consent order.
The father was in significant arrears for child support, spousal support, and an equalization payment.
The Divisional Court found that the motion judge erred in law by misstating the three-part test under Rule 1(8) of the Family Law Rules, incorrectly requiring the moving party to prove exceptional circumstances to sanction the non-complying party.
The appeal was allowed, and the father was ordered to pay the arrears owing as of March 1, 2020, as a condition of continuing with his motion to change.
