I. Robertson

The appellants appealed a Small Claims Court decision dismissing their motion to set aside a default judgment in a slip and fall action.

The Deputy Judge had found the appellants failed to establish a meritorious defence and a reasonable explanation for their default.

The Divisional Court allowed the appeal, finding the Deputy Judge misapprehended the evidence regarding the proposed statement of defence and set the bar unreasonably high by requiring the appellants to prove the process server fabricated service.

The default judgment was set aside.

This was an endorsement on costs following three family law motions concerning child support, section 7 expenses, spousal support, arrears, and ongoing support obligations.

The court held that neither party met or exceeded their offers to settle, so the specific costs consequences under the Family Law Rules did not apply, although the offers remained relevant to the overall analysis.

Assessing success issue by issue, the court found overall success was roughly evenly divided, with some limited unreasonable conduct by the respondent insufficient to alter that conclusion.

In light of divided success, the parties' settlement efforts, and the ruinous history of the litigation, the court ordered that each party bear their own costs.

In a family law motion concerning child support, section 7 expenses, and spousal support, the court addressed competing motions to vary support and determine arrears following a lengthy separation and prior temporary orders.

The parties agreed that all support arrears prior to December 2010 should be rescinded pursuant to a reconciliation agreement.

The court fixed post‑2011 child support arrears and section 7 expense arrears in the amounts claimed by the recipient spouse and ordered ongoing guideline child support based on an imputed income to the payor of $96,000 beginning in 2015.

The court found entitlement to spousal support based on need, but reduced the amount sought and ordered limited retroactive support together with ongoing support calculated under the Spousal Support Advisory Guidelines.

Annual financial disclosure and adjustments to support were also ordered.