COURT OF APPEAL FOR ONTARIO
RE: WILLIAM WASNEY (Applicant/Appellant)
v. IRENE WASNEY (Respondent)
BEFORE: FINLAYSON, LABROSSE and GOUDGE JJ.A.
COUNSEL: Gordon Z. Bobesich,
for the appellant
Bruce D. Day,
for the respondent
HEARD: April 27, 2000
On appeal from the order of Mr. Justice Langdon dated September
2, 1999
E N D O R S E M E N T
1The issue in this case is the appropriate date for
termination of child support.
2The material is less than satisfactory. However, there is
no dispute that the child was a dependent until she completed
secondary school in June 1995. There is no evidence that
thereafter the child planned to continue her schooling. We do
know that she earned $12,163 in 1996 and $11,345 in 1997.
3In these circumstances, the reasonable inference is that she
was no longer dependent as of the end of December 1995 and the
arrears of principal are fixed at $25,759. Using the same ratio
between principal and interest as was used by the motions judge,
we calculate an appropriate amount of interest owing to be
$20,000. The total arrears are therefore fixed at $45,759.
4Paragraph 1 of the judgment below is varied accordingly. In
all other respects, the appeal is dismissed.
5We make no order as to costs of the appeal.
(signed) "G. D. Finlayson J.A."
(signed) "J. M. Labrosse J.A."
(signed) "S. T. Goudge J.A."
