Court of Appeal for Ontario
COURT OF APPEAL FOR ONTARIO
MOLDAVER, JURIANSZ and EPSTEIN JJ.A.
BETWEEN:
GEORGE PHILIP
Applicant (Respondent in Appeal)
and
LEELAMMA PHILIP
Respondent (Appellant in Appeal)
Susan Adam Metzler for the appellant
Jeffery Wilson for the respondent
Heard and endorsed: February 27, 2008
On appeal from the order of Justice Terrance P. O’Connor of the Superior Court of Justice dated August 2, 2006 and amended August 4, 2006.
APPEAL BOOK ENDORSEMENT
1We are not persuaded that the trial judge erred in his findings of fact or in his application of the law. In particular, we see no error in his construction of the 1994 consent judgment, nor are we persuaded that he erred in his approach to or assessment of the accounting evidence.
2In arriving at the phased reduction of the support payments, the trial judge calculated, as best he could on the evidence before him, the appellant’s entitlement to C.P.P. and O.A.S.
3Based on the fresh evidence, which we admit, this calculation fell short by $280 per month. The respondent fairly agrees to increase the support payments by that amount but submits that they should not be made retroactive. We disagree. In our view, the increased payments ($280) should be made retroactive from January 1, 2008 and the order below is varied accordingly. Otherwise the appeal is dismissed.
4Costs to the respondent fixed at $10,000 inclusive of G.S.T. and disbursements.