The appellant appealed an order fixing his child support arrears at $27,171.28, arguing that the motion judge failed to adequately consider his mental health problems and reliance on a disability pension.
The Court of Appeal dismissed the appeal, finding that the motion judge was aware of the medical evidence but correctly concluded that the appellant had not discharged his evidential onus to establish hardship, noting he had paid no support for ten years even when his income permitted.
The appeal was dismissed with costs fixed at $5,000.