COURT OF APPEAL FOR ONTARIO
O’CONNOR A.C.J.O., MOLDAVER and ROULEAU JJ.A.
BETWEEN:
EFTHALIA TSAROS also known as LINDA TSAROS
Applicant (Appellant)
and
CHRISTOS GEORGE TSAROS
Respondent (Respondent in Appeal)
Deborah R. Squires for the appellant
Darryl A. Willer for the respondent
Heard: July 5, 2007
On appeal from the judgment of Justice Michael G. Quigley of the Superior Court of Justice dated October 24, 2006.
APPEAL BOOK ENDORSEMENT
1The appellant does not suggest that Quigley J. erred in law or applied incorrect principles. Rather, the essence of her argument is that he should have exercised his discretion with respect to the four issues raised differently. We would not give effect to her submissions.
2In our view, the motion judge carefully balanced the interests of the parties. He arrived at a fair and just result. His reasons disclose no error in principle and we see no basis to interfere with the manner he exercised his discretion.
3We note that the appellant concedes that a trial judge may take into consideration student loans in the s. 7 analysis in appropriate circumstances. In our view, Quigley J. was entitled to take in consideration the student loans in the circumstances of this case.
4In the result, the appeal is dismissed. The appellant shall pay the respondent’s costs fixed in the amount of $3,959.83, inclusive of disbursements and GST.