COURT OF APPEAL FOR ONTARIO
RE: THE DIRECTOR, FAMILY RESPONSIBILITY OFFICE for the
benefit of CYNTHIA A. MATHEWS (Respondent in Appeal/
Applicant) –and– TOTAL LINK INTERNATIONAL (Appellant
in Appeal/Respondent)
BEFORE: LABROSSE, WEILER and SHARPE JJ.A.
COUNSEL: Elliot Berlin, for the appellant
Julia Viva, for the respondent
HEARD: July 20, 2000
On appeal from the judgment of Mr. Justice George T. Walsh,
without a jury, dated August 31, 1999.
E N D O R S E M E N T
[1] The appellant Total Link International appeals from the
order of Walsh J. ordering it to remit to the respondent,
Director, Family Responsibility Office, the sum of $45,260.21
forthwith together with the costs of the Director fixed at
$750.00.
2Walsh J. found that:
i. The appellant was an income source for the support payor;
ii. The Appellant had not provided all disclosure sought by
iii. the Respondent, Director; and
iv. The appellant did not provide a satisfactory explanation
v. for its failure to provide the requested disclosure.
[3] The appellant accepts that there is evidence to support
these findings of fact. The appellant submits that a reasonable
estimate of income should, nevertheless, have been made despite
the lack of information provided.
[4] When the appellant appeared before Walsh J., it knew that it
was facing a claim in excess of $40,000. It knew that it could
produce the documents to clear up any dispute with respect to the
amount claimed and that, if it did not produce the requisite
documentation, an adverse inference could be drawn. As a result,
Walsh J. was entitled to draw the inference that the amount
claimed from the income source was appropriate.
5The appeal is dismissed with costs.
Signed: “J.M. Labrosse J.A.”
“K.M. Weiler J.A.”
“Robert J. Sharpe J.A.”