Gene C. Coleman

The appellant appealed an order enforcing minutes of settlement that vested a property in the respondent after the appellant defaulted on lump sum support payments.

The appellant argued for an extension of time to sell the property, challenged the respondent's standing to seek a vesting order, and contested the motion judge's reference to the continuing record.

The Court of Appeal dismissed the appeal, finding the appellant's proposed sale agreement was too conditional and uncertain, and rejected the standing argument as it was raised for the first time on appeal.

The respondent's cross-appeal was also dismissed as it dealt with matters not before the motion judge.

The appellant appealed an order of the Superior Court of Justice.

The Court of Appeal determined that the appeal was moot given an order made in a related motion, and disposed of the appeal accordingly.

The appellant brought a motion to set aside a previous order and for directions regarding an appeal.

The Court of Appeal allowed the motion, setting aside the lower court's order and permitting either party to set the matter down for trial, conditional upon the appellant making specified payments to the respondent and the Family Responsibility Office.

The court also directed the payout of funds held in court as security for costs.