DATE: 20040630
DOCKET: C41036
COURT OF APPEAL FOR ONTARIO
RE:
BEHZAD GHOLIZADEH (Applicant) (Appellant) – and – ROXANNA SHADOU (Respondent)
BEFORE:
LASKIN, CHARRON and LANG JJ.A.
COUNSEL:
Bruce Simpson
for the appellant
Judith Seligy
for the respondent
HEARD & ENDORSED:
June 29, 2004
On appeal from the judgment of Justice Louise L. Gauthier of the Superior Court of Justice dated November 4, 2003.
A P P E A L B O O K E N D O R S E M E N T
[1] The appellant raises three issue on appeal:
The appellant submits that the motions judge should have forgiven the arrears of support for the entire time he was in Iran instead of half the time. The motions judge gave reasons at para. 29 of her endorsement why she forgave only ten months of arrears. Her order is discretionary and despite Mr. Simpson’s able argument, we are not persuaded that she committed a reviewable error.
The appellant argues that the trial judge wrongly imputed too much income to him for the ten month period after his return from Iran. Again, the trial judge exercised her discretion, and did so having regard to the letter at tabs 24-26 of the Appeal Book. We see no reviewable error on this issue.
Finally, the appellant appeals the costs order on the basis that he was partly successful on the motion. Undoubtedly, the motion judge took account of the appellant’s partial success in ordering a modest amount for costs. We see no error in her costs award.
[2] Accordingly, the appeal is dismissed. The appellant shall pay costs to the Family Law Office in the amount of $5,500, and costs to the City of Ottawa in the amount of $2,500, each amount inclusive of disbursements and GST.