Quigley J.

The appellant appealed a decision ordering her to pay the respondent physiotherapy clinic for unpaid treatment accounts out of her motor vehicle accident settlement.

The appellant argued the matter should have proceeded as an action rather than an application, challenged the factual findings, and argued the interest rate violated the Interest Act.

The Divisional Court dismissed the appeal, finding that the procedural and interest arguments were improperly raised for the first time on appeal.

Furthermore, the court found no material facts in dispute and held that the Interest Act did not apply because the interest rate was governed by the Statutory Accident Benefits Schedule.

The appellant appealed an order granting the respondent summary judgment, which dismissed his motion to change a previous child support order.

The appellant argued the previous order did not comply with the Child Support Guidelines.

The Divisional Court dismissed the appeal, finding that the original judge was entitled to make an order based on Minutes of Settlement even if it deviated from the Guidelines, provided reasonable arrangements were made.

To vary the order, the appellant had to show a material change in circumstances, which he failed to do.