John W. Chidley-Hill

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

On consent, the Court of Appeal allowed the appeal, set aside the lower court's order, and ordered no costs.

The appellants appealed a summary judgment enforcing minutes of settlement.

They argued the court should imply a term that the respondent would refrain from actively assisting in OMVIC proceedings.

The Court of Appeal dismissed the appeal, agreeing with the motion judge that there was no evidence to support such an implied term, as the respondent could not agree to avoid being subpoenaed or telling the truth.

The appellant appealed a trial judgment ordering him to pay spousal and child support, make an equalization payment, and transfer property to the respondent.

The appellant argued the trial judge erred regarding the nature of the family business, alleged embezzlement by the respondent, a claim of malicious prosecution following an assault acquittal, and whether the respondent's conduct repudiated the marriage.

The Court of Appeal dismissed all grounds of appeal, finding the trial judge's conclusions were well-supported by the evidence and that there was no basis for the appellant's claims.