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Paper-record credibility findings upheld in family loan dispute appeal.
The appellant challenged a summary judgment determination that funds advanced by one respondent to the appellant and the other respondent were a loan rather than a gift.
The Court of Appeal held that the motion judge was entitled to determine the matter on an extensive paper record, despite credibility issues, and was not required to order a mini-trial or full trial.
The court found no reversible error in the motion judge’s credibility findings or no-genuine-issue analysis, and no palpable and overriding error in the factual findings.
The appeal was dismissed, with partial indemnity costs awarded to one respondent and substantial indemnity costs awarded to the other because the appeal was entirely without merit and repeated baseless allegations of fraud and perjury.
Father ordered to pay $51,886 in retroactive child support after hiding substantial income increases.
The mother brought a motion to change a 2010 child support order, seeking retroactive and ongoing support based on the father's increased income.
The father had failed to disclose his income increases and claimed a shared parenting arrangement and undue hardship.
The court found the father engaged in blameworthy conduct by hiding his income and deceiving the mother.
The court imputed the father's income, dismissed his claims of shared parenting and undue hardship, and ordered him to pay $51,886 in retroactive child support arrears and $873 per month in ongoing support.
