Court of Appeal for Ontario
COURT OF APPEAL FOR ONTARIO DATE: 20210423 DOCKET: C68833
Benotto, Miller and Trotter JJ.A.
BETWEEN
Brianne Harrison Moar Appellant
and
Daniel John McLaughlin Respondent
Counsel: Maybelline R. Massey, for the appellant Danica Maslov, for the respondent
Heard and released orally: April 22, 2021 by video conference
On appeal from the order of Justice J.R. Henderson of the Superior Court of Justice, dated October 9, 2020.
Reasons for Decision
1The appellant submits that the motion judge erred in concluding that a material change in circumstances existed for the purposes of a motion to change under Rule 15 of the Family Law Rules.
2The parties agreed that, pursuant to r. 16, the issue of whether a material change existed would be determined on a summary judgment motion. The motion judge concluded that there was a material change of circumstances.
3The appellant submits that the motion judge should not have made the order because there was a genuine issue for trial.
4We do not agree. The parties agreed at a case conference before Broad J. that the issue of whether there was a material change of circumstances be determined in advance of the motion change by way of summary judgment.
5The appellant further submits that the motion judge erred in his application of the test for material change set out in Gordon and Goertz , [1996] 2 S.C.R. 27.
6Again, we disagree.
7The respondent has moved, has a new partner and a change in his work schedule. These factors clearly fall within the Gordon and Goertz analysis. They are relevant to the best interest of the children, a matter within the discretion of the motion judge.
8The appeal is dismissed with costs in the agreed upon amount of $3,500 all inclusive.
“M.L. Benotto J.A.”
“B.W. Miller J.A.”
“Gary Trotter J.A. ”
