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Small Claims Court appeal over credit card debt dismissed; no palpable and overriding error found.
The appellant appealed a Small Claims Court decision dismissing his claim for $5,302.89 in credit card debt against his former romantic partner.
The trial judge had preferred the respondent's evidence that she had paid back the amounts she owed.
The Divisional Court found no palpable and overriding error in the trial judge's assessment of the evidence, noting that bank statements corroborated the respondent's testimony.
The appeal was dismissed with costs awarded to the respondent.
Child support terminated retroactively and refraining order granted despite forged signatures on applicant's court materials.
The applicant payor brought a motion for a refraining order against the Family Responsibility Office and a motion to change a final child support order.
During the hearing, it was revealed that the applicant's signature on his affidavit and financial statement had been forged, likely by his counsel.
Despite the procedural irregularities, the court found that the children were no longer eligible for support as of 2010 and the applicant had actually overpaid.
Relying on the primary objective of the Family Law Rules, the court dispensed with service on the recipient and assignee, granted the refraining order, and terminated the child support order retroactively.
