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Family law appeal dismissed; struck-application appellant cannot challenge findings made on respondent's uncontested evidence.
The appellant appealed from an uncontested family law trial judgment ordering him to pay equalization of net family property, a lump sum spousal support payment, and costs.
The appellant's application had been struck prior to trial for repeated failure to make financial disclosure and non-compliance with court orders.
The Court of Appeal found no error in the trial judge's equalization calculations or in the imputation of $200,000 annual income to the appellant for spousal support purposes, both of which were based solely on the respondent's evidence.
The court also found the trial judge's reasons were sufficient given the absence of competing evidence.
The appeal was dismissed with costs of $25,000 to the respondent.
The court granted a compliance order and awarded costs against condominium owners for repeatedly causing excessive noise.
A condominium developer brought an application under section 134(1) of the Condominium Act, 1998, seeking a declaration that unit owners had breached sections 117(2) and 119(4) of the Act by causing excessive noise that interfered with other owners' enjoyment of their property.
The applicant sought a cease and desist order and costs.
The respondents owned a residential unit where occupants were playing loud music at all hours.
Despite numerous verbal warnings, written notices, and Rules Infraction Notices issued over several months, the noise continued unabated.
The court found the respondents in breach and granted the requested orders, awarding costs of $7,500 on a scale between partial and full indemnity.
