2 total
Child support terminated prospectively; retroactive termination refused due to delay.
The father brought a motion to terminate child support for an adult child retroactive to January 1, 2010.
The evidence showed the child had resided primarily with the father since 2010, had completed college, and was working full-time as an automotive apprentice, rendering him financially independent.
The court found the child was no longer entitled to support but declined to terminate support retroactively due to the father's lengthy delay in bringing the motion and the likelihood the funds had already been spent.
The mother's cross-motion seeking a historical review of child support and extensive financial disclosure was dismissed due to her own delay in pursuing the claim.
Child support was terminated prospectively and the mother was ordered to pay partial indemnity costs.
Tribunal's failure to give reasons for denying an extension of time breached procedural fairness.
The tenants appealed a decision of the Ontario Rental Housing Tribunal that dismissed their request for an extension of time to file a Request for Review.
The Divisional Court found that the Tribunal failed to provide adequate reasons for its decision, which constituted a denial of procedural fairness and an error of law.
The appeal was allowed, the Tribunal's order was set aside, and the matter was remitted to a different Member for a new hearing.