Deborah MacKenzie

Following an appeal, the Court of Appeal for Ontario issued a costs endorsement.

The court reviewed the submissions of counsel and awarded the respondent costs fixed in the amount of $20,000, all inclusive.

The appellant husband appealed a Superior Court decision setting aside an arbitrator's award that had reduced his spousal and child support obligations.

The reviewing judge found that the arbitrator's refusal to grant the wife an adjournment after the husband produced a significantly altered financial statement on the morning of the hearing was unfair.

The Court of Appeal upheld the reviewing judge's decision, finding no palpable and overriding error in her factual findings and agreeing that the denial of the adjournment prevented the wife from properly understanding and challenging the husband's financial evidence.