42 total
Appeal to vary spousal support dismissed as appellant failed to demonstrate a material change in circumstances.
The appellant sought to vary his spousal support obligation, which was based on a separation agreement incorporated into a judgment.
The motion judge found no material change in circumstances in the appellant's financial situation or health, attributing his financial difficulties to his debts and lifestyle.
The Court of Appeal dismissed the appeal, finding no reversible error in the motion judge's findings and awarding costs to the respondent.
Appeal allowed; sufficiency of a slip-and-fall notice missing exact date and location raises a triable issue.
The appellant slipped and fell on an icy sidewalk and broke her leg.
She faxed a handwritten notice of her claim to the municipality within the seven-day statutory period, but the notice did not specify the exact date or location of the fall.
The municipality successfully moved for summary judgment on the basis that the notice was defective under s. 284(5) of the Municipal Act.
The Court of Appeal allowed the appeal, holding that a notice does not strictly need to state the time and place if it provides enough information for the municipality to investigate.
Whether the appellant's notice was sufficient raised a genuine issue for trial.