The appellant father appealed the dismissal of his motion to vary child support and rescind over $20,000 in arrears.
He argued that his income had severely diminished due to depression and that the motions judge erred in imputing an annual income of $40,000 based on his past work in family businesses.
The Divisional Court dismissed the appeal, finding that the appellant failed to meet his onus of establishing a material change in circumstances.
The majority held that the motions judge was entitled to conclude that his income was difficult to discern and that a trial of an issue was not required.
