Dr. Mark Baily

The appellant appealed a decision dismissing his application to vary spousal and child support obligations.

He sought to reduce his support obligations to zero, arguing a material change in circumstances due to an inability to work.

The trial judge found he was working intermittently for cash and was capable of working in a supervisory capacity in the construction industry, imputing an annual income of $40,000.

The Court of Appeal found no error in the trial judge's assessment of the evidence, including expert reports, and dismissed the appeal.

The applicant sought assessment of expenses related to the expert testimony of his family doctor at an arbitration hearing.

The doctor billed for preparation, travel, and attendance time.

The arbitrator held that under section 5(1)2 of Ontario Regulation 664, expert witness expenses are limited to the reasonable time the expert is in attendance at the hearing site, and do not include pre-arbitration preparation or travel time.

The insurer was ordered to pay $112.50 for the 45 minutes the doctor spent at the hearing.