Court of Appeal for Ontario
Before: Goudge, Juriansz and MacFarland JJ.A.
Between
Isabelle Vettese
Applicant (Appellant)
and
John Frank Vettese
Respondent (Respondent)
Counsel:
Isabelle Vettese, acting in person
Samantha Keser, for the respondent
Heard: August 9, 2011
On appeal from the judgment of Justice Heather A. McGee of the Superior Court of Justice, dated August 11, 2010.
APPEAL BOOK ENDORSEMENT
1The appellant strenuously argues that this court has jurisdiction to hear her appeal. Assuming that this is so, we find the order appealed from one that was entirely within the trial judge’s discretion to make. There is no basis for us to interfere with it.
2We agree with the trial judge when she says “in the context of a request for final orders on the substantive issues of spousal support and equalization, the use of allegations alone is woefully inadequate. A failure to defend is simply not a sufficient basis for the findings of fact that the appellant seeks.”
3The appellant will have a chance at her trial to put evidence before the court to support her request for relief.
4The appeal is dismissed.
“S. T. Goudge J.A.”