Parties had three children. Trial was held on issues of child support but father was absent due to work. Trial judge made order fixing child support arrears at $191,924 for years 2007 to 2015 and order for ongoing monthly child support in amount of $2,159 based on average income of $120,000. Father appealed. Mother brought motion to dismiss appeal on basis that proper procedural route was motion to set aside. Motion dismissed. Appeal scheduling was ordered to de-list matter until father’s motion to set aside was decided. Rule 25(19)(e) of Family Law Rules includes authority to set aside order. Definition of change was quite broad. Broad interpretation of r. 25(19) as including authority to set aside order was consistent with prior comments from court. Such interpretation of r. 25(19) promotes underlying philosophy, scheme and purpose of Family Law Rules.
Gray v. Gray (2017), 2017 CarswellOnt 1349, 2017 ONCA 100, Doherty J.A., J.C. MacPherson J.A., and P. Lauwers J.A. (Ont. C.A.).