Avril Hasselfield

The appellant appealed a confirmation order made under section 19 of the Divorce Act, which fixed child support based on imputed income and confirmed spousal support arrears.

The appellant argued the motion judge failed to consider his motion to rescind the arrears.

The Court of Appeal dismissed the appeal, finding that the motion judge's findings of fact supported the imputation of income and the confirmation of child support, and that the circumstances were not sufficiently egregious to support rescinding the spousal support arrears.

The appellant appealed a trial judgment finding that no binding agreement was reached between the parties.

The Court of Appeal dismissed the appeal, holding that it was open to the trial judge to find that the tenant's identity was a material issue and that the parties did not reach a consensus ad idem on that essential issue.

Costs were awarded to the respondents in the amount of $5,000.

The appellant failed to comply with an order to post $15,000 as security for costs before the appeal hearing.

The court noted a long pattern of non-payment of spousal and child support, with arrears exceeding $27,000.

The appeal was dismissed with costs fixed at $15,000.