November 15 – Insufficient Reasons From Court

“The appellant next argues that the reasoning of the motions judge is fundamentally flawed in that she found that the respondent was not credible and then accepted his evidence as to what his income was. I accept that the motions judge could have provided a better explanation of her reasoning. The motions judge heard eight days of evidence and this court is obliged to defer to her findings of fact. It is worth repeating the direction of the Supreme Court of Canada in Hickey v. Hickey, 1999 CanLII 691 (SCC), [1999] 2 S.C.R. 518, at para. 12:

There are strong reasons for the significant deference that must be given to trial judges in relation to support orders.  This standard of appellate review recognizes that the discretion involved in making a support order is best exercised by the judge who has heard the parties directly.  It avoids giving parties an incentive to appeal judgments and incur added expenses in the hope that the appeal court will have a different appreciation of the relevant factors and evidence.   This approach promotes finality in family law litigation and recognizes the importance of the appreciation of the facts by the trial judge.  Though an appeal court must intervene when there is a material error, a serious misapprehension of the evidence, or an error in law, it is not entitled to overturn a support order simply because it would have made a different decision or balanced factors differently.”

Tremblay v. Daley, 2012 ONCA 780 (CanLII) at 21