COURT OF APPEAL FOR ONTARIO
RE:
PETER ARELLA (Applicant/Respondent in Appeal) v. MARLENE SCOBAK (Respondent/Appellant in Appeal)
BEFORE:
McMURTRY C.J.O., BORINS AND FELDMAN JJ.A.
COUNSEL:
Walter C. Wieckowski
for the appellant
Michael Cupello
for the respondent
HEARD & ENDORSED:
JULY 8, 2004
On appeal from the judgment of Justice John deP. Wright dated January 3, 2003.
A P P E A L B O O K E N D O R S E M E N T
1We are of the view that the motions judge erred in finding a material change in circumstances. The appeal is therefore allowed and, doing the best we can on the record before us, we fix the arrears of spousal support as of January 24, 2003 in the amount of $6,000.00 less any payments made to FRO since that date.
2The arrears in spousal support are to be paid in equal monthly instalments over the next six years payable on the first day of each month. The cost order of Wright J. is set aside.
3The appellant is entitled to her costs before Wright J. and in this court in the amount of $6,250.00.