Milton Bernstein

The wife appealed and the husband cross-appealed a variation judgment concerning child and spousal support.

The trial judge had imputed an annual income of $175,000 to the husband, varied child support retroactively to the implementation of the Federal Child Support Guidelines, fixed arrears, and dismissed the wife's application to extend spousal support.

The Court of Appeal dismissed both appeals, finding no palpable and overriding error in the trial judge's factual findings, including the imputed income and arrears calculations.

The Court also rejected the husband's claim of judicial bias, concluding the trial judge's interventions did not usurp the role of counsel or raise a reasonable apprehension of bias.

Following the dismissal of both the appeal and cross-appeal, the parties made written submissions on costs.

The appellant sought costs for transcripts, while the respondent argued not all transcripts were necessary and that he had borne the cost of some.

Given the divided success, the Court of Appeal ordered that the parties bear their own costs.