Jeanie M. DeMarco

The appellant appealed a summary judgment order dismissing her application to set aside an arbitral award regarding spousal support.

The arbitrator had previously found the appellant entered into a relationship resembling marriage, terminating her support entitlement.

The Court of Appeal dismissed the appeal, agreeing with the motions judge that the application was an abuse of process attempting to relitigate issues already decided, raised no genuine issue for trial, and was commenced outside the 30-day time limit under the Arbitration Act, 1991.

The appellant appealed a trial judge's costs order in a family law proceeding regarding custody.

The Court of Appeal found that the trial judge erred in upholding a previous judge's costs order that had been implicitly set aside, and in awarding an amount substantially in excess of party and party costs.

However, the Court noted that the respondent had made a reasonable settlement proposal regarding custody which the appellant rejected, justifying some costs to the respondent.

The Court granted leave to appeal costs, varied the trial judge's costs order to $4,000, and otherwise dismissed the appeal.