COURT FILE NO.: 5/07
DATE: 20071012
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
mccombs, mclean and kiteley jj.
B E T W E E N:
LEYLA OKATAN
Plaintiff/Appellant
- and -
MEHMET ALI YAGIZ
Defendant/Respondent
In Person
In Person
HEARD at Toronto: October 12, 2007
MCLEAN J.: (Orally)
[1] We have heard the appeal which is from a motion that was brought before Jarvis J. with regard to the confirmation of the final report of Master Linton. We have noted when we considered the material filed and the submissions of the parties here that there was a technical arithmetic error that occurred in the calculations of the final order.
[2] In a previous order, that of 30th of June, he based the calculations on the fact that an amount of $14,331.60 was owed by the applicant/appellant to the respondent. Then, in his order of the 24th of October, 2006, he directed that a payment of $6,868.21 be paid to the respondent. However, when the Court looked at the various orders together, we note that this credit had already been given. That is to say that the $14,331.66 included the payments that have already included the payment of $6,868.21 and therefore there was double-counting in this matter. It appears when we consider the record as a whole, this is a highly technical and arithmetical error. Therefore, it is our view that the Judge before whom the prior motion, Jarvis J. was not correct in confirming the final report of the Master.
[3] Therefore, on the basis of our findings, we will endeavor to correct the accounts. Therefore the appeal should be allowed. The amount of payment in the order of the 24th of October, 2006 should be reduced by the sum of $6,868.21. Therefore, the appeal will be allowed and the report of the Master dated the 24th of October, 2006, will be reduced in that paragraph 2, the amount will be $1,498.27.
MCCOMBS J.
[4] We are all of the view that given the fact that this was an arithmetical error that has resulted in the success of this appeal, this is not an appropriate case for an order as to costs.
___________________________
MCCOMBS J.
___________________________
MCLEAN J.
___________________________
KITELEY J.
Date of Reasons for Judgment: October 12, 2007
Date of Release: October 23, 2007
COURT FILE NO.: 5/07
DATE: 20071012
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
mccombs, mclean and kiteley jj.
B E T W E E N:
LEYLA OKATAN
Plaintiff/Appellant
- and -
MEHMET ALI YAGIZ
Defendant/Respondent
ORAL REASONS FOR JUDGMENT
MCLEAN J.
Date of Reasons for Judgment: October 12, 2007
Date of Release: October 23, 2007