Family and Matrimonial Law - ODC

The moving party brought a motion for leave to appeal the decisions of the lower court judge.

The Divisional Court dismissed the motion for leave to appeal and ordered the moving party to pay costs of $5,000 all-inclusive to the responding party.

The self-represented applicant sought judicial review in the Divisional Court to remove a parenting coordinator/arbitrator appointed under a consent order.

The respondent challenged the court's jurisdiction.

The Divisional Court dismissed the application, finding that under the Arbitration Act, an application to remove an arbitrator must be brought in the Superior Court of Justice or Family Court, not the Divisional Court.

The court also noted it would decline to exercise its discretion even if it had jurisdiction, as the proper route is under the Family Law Rules and the Arbitration Act.

The moving party sought leave to appeal a temporary spousal support order.

The Divisional Court granted leave to appeal on the sole issue of whether the motion judge failed to consider and apply the Spousal Support Advisory Guidelines.

Leave was denied on all other issues, including findings of fact and income determination.

The underlying decision was not stayed pending the appeal, and costs were reserved.