The appellant appealed the dismissal of his motion to vary spousal support payments owed under a separation agreement incorporated into a consent order.
He argued the motions judge should only have decided the procedural issue of whether to order a trial by viva voce or affidavit evidence, not the substantive merits.
The Court of Appeal dismissed the appeal, finding that the motions judge had a complete record, including financial disclosure, and was entitled to exercise his discretion to dismiss the requested relief on the merits.
