Court of Appeal for Ontario
Before: Cronk, Pepall and Benotto JJ.A.
Between
Reid Lewis
Applicant (Appellant)
and
Chantal Theoret
Respondent (Respondent)
Counsel: J. Jeffrey Richey, for the appellant Diana Piccoli and Alysha McColl, for the respondent
Heard: February 19, 2015
On appeal from the order of Justice Lorna-Lee Snowie of the Superior Court of Justice, dated June 16, 2014.
APPEAL BOOK ENDORSEMENT
1The appellant appeals the summary judgment requiring him to pay retroactive child support in the amount of $37,552 and periodic child support in the amount of $3,823.
2The award is for two children, ages 13 and 16, and was based on straightforward Guidelines calculations.
3The monetary amounts are clearly within the jurisdiction of the Divisional Court pursuant to s.19 (1.2) of the Courts of Justice Act.
4The retroactive child support has not been paid. Nor has the amount ordered for costs. The ongoing child support is being enforced by F.R.O.
5The appellant seeks to have the appeal “transferred” to Divisional Court.
6In light of the appellant’s disregard of the existing order and the error in bringing the matter to this Court, we decline to exercise our discretion to do so.
7The appeal is quashed.
8The costs thrown away are awarded to the respondent in the amount of $15,000 inclusive of disbursements and HST. The costs may be enforced as an incidence of child support by F.R.O.