The appellant appealed a trial judgment regarding spousal support, child support, and section 7 expenses.
He argued the trial judge erred by imputing income based on his rental income without deducting the expenses incurred to earn that income, and by failing to apply the shared custody provisions of the Child Support Guidelines.
The Superior Court of Justice found that the trial judge's failure to address the rental expenses contained in the appellant's tax returns constituted a significant misapprehension of evidence and an error in principle.
The court ordered a new trial to determine the appellant's income, spousal support, child support, and section 7 expenses.
