Spies J.

The appellant appealed an order granting the respondent summary judgment, which dismissed his motion to change a previous child support order.

The appellant argued the previous order did not comply with the Child Support Guidelines.

The Divisional Court dismissed the appeal, finding that the original judge was entitled to make an order based on Minutes of Settlement even if it deviated from the Guidelines, provided reasonable arrangements were made.

To vary the order, the appellant had to show a material change in circumstances, which he failed to do.

The applicants brought a motion to set aside an order of a single judge of the Divisional Court who had refused to extend the time to appeal.

The applicants argued the motion judge made a palpable and overriding error of fact by finding no evidence was filed, but the panel noted the motion record contained no affidavits.

The court refused to admit fresh evidence, noting the self-represented applicant was a sophisticated litigant and the evidence could have been adduced earlier with due diligence.

The motion was dismissed as devoid of merit, and costs of $53,000 were awarded to the respondents on a partial indemnity scale.

The defendants appealed an interlocutory decision granting the plaintiff's motion to add a receptionist at the Ocular Health Clinic as an individual defendant.

The Divisional Court allowed the appeal, finding that the proposed pleading failed to disclose a reasonable cause of action against the receptionist personally for either negligence or wilful misrepresentation.

The court emphasized that employees are generally protected from personal liability unless their actions are tortious in themselves or exhibit a separate identity or interest from the employer.