Polychronopoulos v. Polychronopoulos, 2013 ONCA 289

APPEAL BOOK ENDORSEMENT

1The appellant seeks to appeal the order of Whitaker J. granting summary judgment and dismissing his application to re-open the financial matters arising from the breakdown of his marriage to the respondent.

2We see no basis for interfering with the decision below. There is no genuine issue raised by the appellant. The parties resolved the matters between them by means of final Minutes of Settlement which were incorporated into a final court order. We note that the appellant was represented by legal counsel when he entered into the Minutes of Settlement. Justice Whitaker was correct in finding that the appellant’s application, which attempts to relitigate the matrimonial financial matters, had been fully resolved by means of the Minutes of Settlement. As Justice Whitaker found, the respondent’s disclosure had been adequate, prior to the execution of those Minutes. There was no evidence to the contrary before the motion judge.

3We see nothing in the argument that the appellant was unfairly treated by being served with a walk-in reply affidavit at the hearing of the motion. That was precisely provided for by order of October 18, 2012. It was not a breach of procedural fairness.

4Costs to the respondent fixed in the amount of $4,200.00, all inclusive. These costs are to be treated as child support for the purposes of enforcement by the Family Responsibility Office.