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Appeal allowed; consent order permitting deduction of CPP disability benefits from child support restored.
The father appealed a decision setting aside a consent order that allowed him to deduct CPP disability benefits paid to his children from his child support obligations.
The Divisional Court allowed the appeal, finding that the appeal judge erred by failing to recognize that the issue was res judicata and by ignoring the statutory exception under s. 33(14) and (15) of the Family Law Act, which permits such deductions when parties consent.
