COURT OF APPEAL FOR ONTARIO
RE:
YVENS MICHEL (Applicant/Appellant in Appeal) – and – TERESA VIERTLEHAUSEN-MICHEL (Respondent/Respondent in Appeal)
BEFORE:
LABROSSE, DOHERTY and GOUDGE JJ.A.
COUNSEL:
Yvens Michel
in person
Carol Cochrane
for the respondent
HEARD & ENDORSED:
November 20, 2006
On appeal from the order of Justice Bernard J. Manton of the Superior Court of Justice, dated July 6, 2005.
A P P E A L B O O K E N D O R S E M E N T
1We recognized that the appellant had to incur valid expenses, however limited, to earn the business income.
2However, it is not feasible, on this record, to arrive at an amount for business income that the appellant should have been credited for the purpose of child support payments.
3The appellant now says that his income has been re-assessed downward from that declared in his tax returns for the years 2000 to 2005, as used by the motion judge.
4The appeal must be dismissed. However, it is dismissed, with leave to the appellant, should he move to vary the order of Manton J. on the basis of his re-assessments, to prove, on proper evidence, his actual expenses for business income from 2000 to 2005.
5The respondent is entitled to her costs, fixed at $8,000, all inclusive.