Mr. Clarke

The appellants appealed a trial judgment finding they unjustifiably terminated and repudiated a residential renovation contract.

The trial judge awarded the respondent contractor $105,804.92 plus costs.

On appeal, the appellants challenged the trial judge's exclusion of their proposed expert, interpretation of the contract, factual findings on completion percentage, and credibility assessments.

The Divisional Court dismissed the appeal, finding no errors of law or palpable and overriding errors in the trial judge's factual findings.

Leave to appeal the costs award was also denied.

The parties separated after a 30-year cohabitation and 21-year marriage.

The trial addressed the equalization of net family property, the valuation of the respondent's excavation business, and the determination of his income for child and spousal support purposes.

The court dismissed the respondent's claim for a constructive trust over a property owned by the applicant.

The court valued the respondent's business by adjusting the fair market value of its real estate and equipment, and imputed an additional $25,000 per year in income to the respondent due to his practice of receiving unreported cash and claiming excessive amortization expenses.

The court also granted a charging order against the respondent's properties to secure support arrears and equalization, but dismissed the applicant's request for a restraining order.

In a family law proceeding, both parties brought motions for further production and disclosure.

The respondent wife sought extensive disclosure and valuation of the applicant husband's family's businesses and a family trust, as well as oral discovery of non-parties.

The court dismissed the requests for corporate and trust valuations for equalization purposes, finding the husband had no ownership interest.

Applying the proportionality principle, the court limited disclosure for income determination purposes to records of personal expenses paid by the business or the husband's parents, and quashed the summonses to non-parties.

The wife was also ordered to produce certain bank statements and records of sold jewelry.

In a family law proceeding, both parties brought motions for further production and disclosure.

The respondent wife sought extensive corporate and trust records, as well as the examination of non-parties, to value the husband's family business and determine his income for support purposes.

The court dismissed the request for corporate valuation disclosure, finding the husband had no ownership interest in the business and his interest in a family trust was nil.

The court partially granted disclosure regarding the husband's income, ordering production of credit card statements and particulars of personal expenses paid by the company or his father.

The request to examine non-parties was dismissed as disproportionate, and the summonses were quashed.