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Child support appeal dismissed; application judge's findings on income, stock options, and property transfers upheld.
The appellant appealed an order regarding child support for her daughter.
She argued the application judge erred in characterizing an $8.6 million payment to the respondent as a retiring allowance rather than severance, in treating stock option payments, in failing to impute income for property transfers to the respondent's wife, in failing to gross up income for UK tax rates, and in denying private school expenses.
The Court of Appeal dismissed the appeal, finding no palpable and overriding error in the application judge's factual findings and application of the Child Support Guidelines.
Appeal allowed and stay lifted after fresh evidence revealed husband's contradictory claims in foreign proceedings.
The wife appealed a trial judge's decision staying her Ontario application for equalization of net family property and spousal support on the basis that Greece was the more appropriate forum.
On appeal, the wife sought to introduce fresh evidence consisting of an application the husband filed in Greece after the Ontario trial, which contradicted his previous evidence regarding the parties' assets.
The Court of Appeal admitted the fresh evidence under the Palmer test, finding it radically changed the parameters of the property issues.
The court allowed the appeal, set aside the stay, and ordered the proceedings to continue in Ontario.
Appeal of family law issues and vexatious litigant declaration dismissed.
The appellant appealed a motion judge's decision regarding family law issues and a declaration that she was a vexatious litigant.
The Court of Appeal found no error, noting the appellant had effective legal advice when entering into the 2003 Minutes of Settlement.
The appeal was dismissed with costs awarded to the respondent.