Jim Tracey

The applicant mother brought a motion to change a 2014 final consent order regarding child support and section 7 expenses.

She sought to set aside the fixed child support provisions, arguing she did not understand the settlement due to cognitive distress and financial pressure.

The court dismissed her claims, finding her evidence not credible and upholding the settlement agreement.

The court also imputed an annual income of $90,000 to the applicant for 2017 and 2018 due to intentional under-employment, and ordered her to pay her 50 percent share of section 7 expenses totaling $8,060.82.

The plaintiff, acting under an assignment from a trustee in bankruptcy, brought a partial summary judgment motion against the defendants for amounts allegedly owing on a shareholder loan account to the bankrupt company.

The defendants argued the loan was offset by payments made to creditors and unpaid wages.

The court rejected most of the defendants' evidence as lacking documentary support and found that payments made after bankruptcy could not be credited.

The court granted partial summary judgment for $161,724.75, finding no genuine issue for trial on that amount, while leaving the remaining $57,590.25 for trial.