White v. Director, Family Responsibility Office, 2007 ONSCDC 39883

COURT FILE NO.: DC0608139900

DATE: September 19, 2007

ONTARIO

SUPERIOR COURT OF JUSTICE

DIVISIONAL COURT

LANE, McCOMB, SEDGWICK, J.J.

B E T W E E N:

SIMON TIMOTHY WHITE

CATHERINE DIANN WHITE

SELF REPRESENTED

Plaintiff/Respondent

• and -

DIRECTOR, FAMILY RESPONSIBILITY OFFICE

M. ALCHUK

for the Defendant/Appellant

Defendant/Appellant

Heard at Newmarket: September 12, 2007

ENDORSEMENT

CUNNINGHAM, J.

1In his order of September 13, 2006, paragraph 2, Justice Perkins ordered FRO to pay the Respondent mother $801.01 of arrears.

2It was further ordered that the Respondent father not be responsible for them.

3It is the position of FRO that paragraph 2 of the order of Perkins, J. is ultra vires the jurisdiction of the Superior Court and ought to be set aside.

4Apparently, FRO did not have available at the hearing before Perkins, J. its computer printout, due to a computer malfunctioning that day.

5In the absence of an identified overpayment by the payor, there is no basis for ordering FRO to pay the arrears to the Respondent mother.

6Accordingly, paragraph 2 of the order of Perkins, J. must be set aside.

7The appeal is allowed.