The applicant mother brought a motion to enforce unsigned minutes of settlement that were negotiated to vary a 2008 separation agreement.
The respondent father refused to sign the minutes after his renovation business failed, arguing a material change in circumstances and an unresolved issue regarding the child's allergies.
The court found that no final agreement was reached and declined to enforce the draft minutes, applying the Nigris factors.
Instead, the court varied the child support obligations based on the father's reduced imputed income and established a comprehensive access and holiday schedule.
