Rachel Pulis

The respondent husband sought leave to appeal an interim order requiring him to pay retroactive spousal support of $25,894 per month.

He argued there was good reason to doubt the correctness of the order because the motion judge failed to consider the tax implications of retroactive support, which might not be deductible.

The Divisional Court dismissed the motion for leave, finding that the interim nature of the order meant the trial judge retained discretion to adjust the support amount upwards or downwards to address any unfair tax consequences.

The appellant appealed a trial judgment regarding spousal status, arguing the trial judge placed undue emphasis on the parties' subjective intentions rather than objective evidence.

The Court of Appeal dismissed the appeal, finding the trial judge applied the correct legal test from Moldowich v. Penttinen, properly considered the objective evidence, and made findings of fact supported by the record.