Wayne H. Redekop

The plaintiff brought a construction lien action against the defendants for unpaid invoices relating to the installation of an asphalt driveway, concrete curbs, and a concrete pad.

The defendants argued the work was defective because water drained toward their neighbour's property rather than the street.

The court found that the plaintiff had advised the defendants prior to construction that the street elevation prevented drainage to the street, and the defendants had instructed the plaintiff to proceed with drainage toward the neighbour's property.

The court concluded the plaintiff performed the work in accordance with the contract and ordered the defendants to pay the outstanding invoice plus contractual interest.

The appellant father appealed the dismissal of his motion to change child and spousal support.

He argued the trial judge erred in finding the children did not spend 40% of their time with him and in her assessment of his income.

The Divisional Court dismissed the appeal, finding the trial judge made no palpable and overriding error in her factual findings regarding the parenting schedule, the imputation of income, and the lack of a material change in circumstances.

The respondent father brought a motion to change a final order, seeking to increase his parenting time, reduce his child support obligation, and terminate spousal support.

The parties consented to changes in the time-sharing arrangements.

However, the court dismissed the respondent's claims regarding child and spousal support.

The court found that the respondent failed to prove a material change in his income or net worth, noting significant credibility issues and unexplained financial transactions.

The court imputed an annual income of $100,000 to the respondent and ordered that his support obligations be secured by a charge on his properties.