R. Kako

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.

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.