DIVISIONAL COURT FILE NO.: DC 603/15 DATE: 20160317
ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT
BETWEEN:
Evelyn Tsambalieros Applicant
– and –
John Tsambalieros Respondent
Erin Simpson, for the Applicant (Responding Party) Lorne Gershuny, for the Respondent (Appellant)
HEARD at Toronto: In Writing
Stewart J.
[1] John Tsambalieros (“John”) moves for leave to appeal to the Divisional Court the decision of Moore, J. dated October 29, 2015. By that order, John was ordered to pay temporary child support for the two children of his marriage to Evelyn Tsambalieros (“Evelyn”), as sought by her.
[2] Evelyn submits that leave should not be granted.
Jurisdiction
[3] An appeal lies to the Divisional Court from an interlocutory order of a Superior Court judge only with leave of a judge of the Superior Court (s. 19(1)(b) of the Courts of Justice Act, R.S.O. 1990, c. C.43).
STANDARD OF REVIEW
[4] Pursuant to Rule 62.02(4), leave to appeal shall not be granted unless,
(a) there is a conflicting decision by another judge or court in Ontario or elsewhere on the matter involved in the proposed appeal and it is, in the opinion of the judge hearing the motion, desirable that leave to appeal be granted; or
(b) there appears to the judge hearing the motion good reason to doubt the correctness of the order in question and the proposed appeal involves matters of such importance that, in his or her opinion, leave to appeal should be granted.
Facts
[5] Following a series of family law settlement conferences, Evelyn served and filed a Notice of Motion seeking an order for temporary child support and contribution to the Children’s special and extraordinary expenses, all in accordance with the Family Law Rules. She confirmed the motion by filing a Form 14C confirmation notice.
[6] John served a Notice of Cross-Motion seeking interim spousal support and an order setting off his spousal support entitlement against his child support obligations.
[7] John failed to serve and file a factum and book of authorities as directed by Madam Justice Chiappetta in her endorsement of October 7, 2015 and also he failed to confirm his cross-motion for spousal support by way of a Form 14C.
[8] Instead, John’s counsel walked into court on the day of the motion with a brief factum and case law with the intention to rely upon it at the motion. Moore, J. declined to accept it.
[9] Evelyn’s motion was heard. Moore, J. made the order for payment of temporary child support for the two children of the marriage based upon an imputed income of $40,000.00, although the amount advocated by Evelyn for this purpose was $80,000.00.
[10] Moore, J. also awarded costs to Evelyn in the amount of $4000.00 to be enforced as child support.
[11] Moore, J. dismissed John’s cross-motion as the Court’s directions had not been observed.
Analysis
[12] This motion for leave to appeal relates to the disposition of an interim interlocutory motion for payment of child support pending final resolution or determination of all of the issues raised, in the context of a family law dispute.
[13] I see no basis whatsoever upon which it might be found that it is desirable that leave to appeal be granted, or that an issue has been raised of such importance that leave should be granted.
[14] Accordingly, the necessary basis for granting leave to appeal has not been established.
Conclusion
[15] For these reasons, this motion is dismissed.
Costs
[16] If the parties cannot agree on costs, brief written submissions may be delivered by Evelyn within 10 days of the date of this decision and by John within 10 days thereafter.
Stewart, J.
Released: March 17, 2016
DIVISIONAL COURT FILE NO.: DC 603/15 DATE: 20160317
ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT
BETWEEN:
Evelyn Tsambalieros Applicant
– and –
John Tsambalieros Respondent
REASONS FOR JUDGMENT
Stewart J.
Released: March 17, 2016