Court of Appeal for Ontario
BEFORE: MACPHERSON, MACFARLAND and LAFORME JJ.A.
BETWEEN:
THOMAS VINCENT HINKE
(Applicant/Appellant)
and
LINDA JANE LAKE
(Respondent)
COUNSEL:
Julie Audet, for the appellant
Lisa P. Jolicoeur, for the respondent
HEARD: April 3, 2007
On appeal from the order of Justice Maria T. Linhares de Sousa of the Superior Court of Justice dated November 2, 2006.
APPEAL BOOK ENDORSEMENT
1The application judge rendered a comprehensive decision dealing with many issues in a matrimonial proceeding. There is no appeal on all issues but for one – the question of issue estoppel with respect to a potential variation of the arrears of support for the 1995‑1999 period determined by Bell J. earlier in the proceedings. On that issue, the respondent agrees with the appellant’s position that the application judge erred. We agree: see DiFrancesco v. Couto, [2001] O.J. No. 4307 at paras. 28‑32 (C.A.).
2Accordingly, the appeal is allowed, on consent. Order to go in terms of paragraphs 1 and 2 of the Notice of Appeal. No costs.