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Appeal from divorce judgment dismissed; trial judge properly exercised discretion in refusing adjournment.
The appellant appealed a divorce judgment that awarded sole custody of the parties' biological child to the respondent and determined the respondent's child from a former relationship was a child of the marriage.
The appellant argued the trial judge erred by refusing an adjournment to allow him to retain counsel and by misapplying the Child Support Guidelines.
The Court of Appeal dismissed the appeal, finding the refusal to adjourn was a proper exercise of discretion given prior adjournments and lack of prejudice.
The Court also found no error in the child support order, noting the appellant failed to cross-examine the biological father on his ability to pay or demonstrate how shared custody provisions were triggered.
Motion for leave to appeal dismissed without costs.
The mother brought a motion for leave to appeal.
The Court of Appeal for Ontario dismissed the motion for leave without costs.