Mark Baker

The moving party father applied to vary child support and arrears originally ordered in 2016 for the parties' three children.

The parties agreed to terminate support for the oldest child as of June 30, 2023, because she had ceased living with the mother.

The court reviewed the father's proven annual income from 2016 to 2024 to recalculate his support obligations under the Child Support Guidelines.

Ultimately, the court adjusted the child support amounts year-by-year based on his proven income and ordered ongoing support of $212 per month for the two remaining eligible children.

The appellant insurer appealed a License Appeal Tribunal decision reinstating the respondent's Income Replacement Benefits.

The benefits had been suspended after the respondent failed to provide requested medical records.

The Tribunal found the respondent had a 'reasonable explanation' for the delay under s. 33(8)(b) of the Statutory Accident Benefits Schedule.

The Divisional Court dismissed the appeal, holding that the Adjudicator applied the correct legal test for 'reasonable explanation' by considering both objective and subjective factors, and provided adequate reasons for the decision.

The plaintiff brought a motion for leave to appeal a costs order made by the trial scheduling judge, who had ordered the plaintiff to pay costs thrown away as a term of granting a further adjournment of the trial.

The plaintiff also sought an adjournment of this motion to obtain transcripts.

The Divisional Court denied the adjournment of the motion and dismissed the motion for leave to appeal, finding no error in the scheduling judge's exercise of discretion to award costs as a term of adjournment, particularly given the history of the proceeding and a prior unpaid costs order.