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Elmgreen v. Evans, 2016 ONCA 682

September 12, 2016|Cited 1x

Elmgreen v. Evans, 2016 ONCA 682

Case Summary

The appellant appealed the judgment of the Superior Court of Justice. The Court of Appeal agreed with the reasons of the lower court judge, found the appeal had no merit, and dismissed it with costs fixed at $5,000.

Court of Appeal for Ontario

CITATION: Elmgreen v. Evans, 2016 ONCA 682

DATE: 20160912

DOCKET: C59831

BEFORE: Laskin, Feldman and Hourigan JJ.A.

BETWEEN

Jens Peter Elmgreen

Plaintiff (Appellant)

and

J. William Evans

Defendant (Respondent)

COUNSEL:

Jens Elmgreen (via teleconference), acting in person

Richard Greene and Michael Zalev, for the respondent

HEARD: September 9, 2016

On appeal from the judgment of Justice Myrna L. Lack of the Superior Court of Justice, dated December 1, 2014.

APPEAL BOOK ENDORSEMENT

1We agree with the reasons of Justice Lack. This appeal has no merit. Accordingly, it is dismissed with costs fixed at $5,000, all inclusive.

2Mr. Elmgreen’s approval of this order is not required.

Cited By (1 case)

OCACourt of AppealNov 14, 2016

Court of Appeal for Ontario

Court of Appeal for Ontario

Spousal support termination reversed due to errors in imputing income; consent order and marriage contract upheld.

The appellant wife appealed a summary judgment that retroactively reduced and prospectively terminated the respondent husband's spousal support obligations.

The husband cross-appealed the dismissal of his motion to set aside a 2005 consent order and a 1985 marriage contract.

The Court of Appeal allowed the wife's appeal, finding the motion judge made palpable and overriding errors in interpreting the wife's and her new partner's income tax returns to impute income.

The court substituted a new spousal support order with a step-down approach but no termination date.

The husband's cross-appeal was dismissed, as there was no basis to set aside the consent order and the marriage contract was unenforceable.

Elmgreen v. Elmgreen, 2016 ONCA 849

Showing 1 of 1 citing case