Joseph J. Sheridan

The appellant appealed the dismissal of his motion to vary a final child support order.

He argued he had ineffective legal representation, that his adult daughter was no longer a child of the marriage, and that his medical condition prevented him from working.

The Divisional Court dismissed the appeal, finding no evidence of ineffective counsel, no palpable and overriding error in the finding that the daughter remained dependent while completing high school courses, and that the appellant had failed to provide sufficient medical evidence of his inability to work despite prior court orders.

This was a costs decision following an earlier motion in a family law proceeding.

The court held that the respondent achieved primary success on the motion and was entitled to costs.

Taking into account the parties' submissions, proportionality, and the reasonable expectations of the parties, the court fixed costs at $2,750 inclusive of disbursements and applicable taxes, payable within 60 days.