3 total
Motion for interim occupation rent and carrying costs of matrimonial home dismissed pending trial.
The applicant wife brought a motion for payment of occupation rent and carrying costs for the jointly held matrimonial home, arguing the respondent husband had agreed to pay them.
The respondent brought a cross-motion to strike portions of an affidavit containing without-prejudice communications and sought dismissal of the applicant's motion.
The court admitted portions of the without-prejudice letter to prove the scope of settlement, but redacted other portions.
The court declined to order temporary occupation rent, referring the issue to trial.
The request for carrying costs was also dismissed, as the applicant provided no updated financial statement to demonstrate need.
Appeal of warrant of committal for $3.5 million in support arrears dismissed; fresh evidence rejected.
The appellant appealed a warrant of committal issued for failing to pay approximately $3.5 million in child and spousal support arrears.
He also brought a motion to introduce fresh evidence on appeal.
The Divisional Court dismissed the motion to introduce fresh evidence, finding the documents failed the Palmer test as they were either available at the time of the default hearing, irrelevant, or not credible.
The Court also dismissed the appeal, holding that the motion judge correctly applied the two-part test for a warrant of committal by finding the appellant failed to comply with the default order and failed to demonstrate a material change in circumstances.
Appeal of committal order and motion for fresh evidence dismissed; stay of warrant lifted.
The appellant appealed an order of committal and brought a motion to introduce fresh evidence.
The Divisional Court dismissed both the appeal and the motion, with written reasons to follow.
The court ordered costs of $20,000 payable forthwith to the Family Responsibility Office and directed the reissuance of the warrant of committal, lifting the previous stay.
