Simon P. Valleau

The parties reached a final consent on all substantive issues regarding a parenting plan for their five-year-old son, leaving only costs to be determined.

The applicant father had originally sought an equal time-sharing arrangement and reduced child support but abandoned these claims at the final settlement conference after firing his lawyer.

Both parties sought costs.

The court found the father's 'all or nothing' approach unreasonable and not child-focused, noting he could have achieved his goals gradually.

The respondent mother was entirely successful and was awarded costs of $6,000.

The appellant motor vehicle dealer sought to introduce fresh evidence on appeal regarding actual damage to vehicles.

The Divisional Court rejected the proposed evidence, applying the Sengmueller test.

The court found the evidence was not relevant to the core issue of non-disclosure of acquisition documents, was readily available at the time of the original hearing, and would not have affected the tribunal's result.