Peter Howie

The applicant brought a motion for permission to have his hearing before a single judge of the Court of Appeal transcribed to assist in his argument before a review panel.

The single judge had previously dismissed his motion for an extension of time to appeal an order for payment of spousal support arrears.

The court dismissed the motion for a transcript, noting the Practice Direction establishes a presumption against transcribing hearings and the applicant provided no argument as to why it would be in the interest of justice.

The respondent father brought a motion to vary his interim child support obligations, seeking a reduction due to his inability to work for medical reasons.

He also sought relief from garnishment proceedings and orders regarding joint debts.

The court found that a 30% reduction in income due to short-term disability constituted a material change in circumstances.

The court ordered a reduction in interim child support contingent upon the respondent providing confirmation of his receipt of short-term disability benefits.

The court declined to interfere with garnishment proceedings for outstanding legal costs, but noted the applicant's undertaking to cease child support garnishment upon confirmation of the variation.

The parties consented to make equal payments towards a joint line of credit.