Court File and Parties
COURT OF APPEAL FOR ONTARIO
Sharpe, Armstrong and Juriansz JJ.A.
BETWEEN
Lynne Cheryl Katz
Appellant (Applicant)
and
Menachem Nimelman
Respondent
Lynne Cheryl Katz in person
Monty Goren, for the respondent
Heard & released orally: May 22, 2009
On appeal from the judgment of Justice Eva Frank of the Superior Court of Justice dated November 27, 2007.
ENDORSEMENT
Equalization
1The appellant brings two appeals in this matrimonial proceeding. In the first appeal, she submits that the trial judge erred in ordering equalization and more specifically, by extending the time for such a claim pursuant to s. 2(a) of the Family Law Act.
2The trial judge carefully reviewed all of the relevant evidence pertaining to this issue, including the evidence as to whether the respondent had effectively abandoned the equalization claim. The trial judge gave careful, detailed and comprehensive reasons for her decision that the claim had not been abandoned and that the criteria specified by s. 2(a) for extension of the time had been met.
3This was a factual and discretionary decision supported by the evidence which attracts substantial deference in this court. We see no error that would justify us in interfering with the trial judge’s decision with respect to equalization.
Support
4With respect to the issue of support, we do not agree with the appellant that the trial judge failed to consider her disability. As we read her detailed reasons, the trial judge assessed the claim on the basis that the appellant was disabled but that in view of the assets she held, she had failed to demonstrate need. Again, this was a decision involving findings of fact and the exercise of discretion and the trial judge’s findings were supported by the evidence. It has been repeatedly held that substantial deference is to be accorded to trial judges in this area. We see no error that would justify appellate interference.
Disposition and Costs
5Accordingly, the appeals are dismissed with costs to the respondent fixed at $7,000 inclusive of GST and disbursements.
“Robert J. Sharpe J.A.”
“R.P. Armstrong J.A.”
“R.G. Juriansz J.A.”