The applicant sought leave to appeal an interim arbitration award concerning child support, spousal support, and arrears payments, and alternatively sought to set aside the award on grounds of procedural fairness.
The arbitrator had awarded increased child support of $3,396 monthly, deferred spousal support pending final determination, and ordered $1,000 monthly toward child support arrears.
The applicant challenged the arbitrator's reliance on 2024 income despite the applicant's current unemployment, alleged failure to consider the applicant's veteran's pension and the respondent's rental support, and claimed procedural unfairness.
The court dismissed both the motion for leave to appeal and the application to set aside, finding that the applicant's allegations raised questions of fact or mixed fact and law rather than extricable questions of law, and that no procedural fairness breach occurred.
