DIVISIONAL COURT FILE NO.: 385/16 Court File No.: C62095 DATE: 20161109
ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT
DAMBROT, RADY and THORBURN JJ.
BETWEEN:
MARISSA CONCEPCION
Applicant (Respondent in Appeal)
– and –
LIVEEN RICHARDS
Respondent (Appellant in Appeal)
Marissa Concepcion, acting in person
Liveen Richards, acting in person
HEARD at Toronto: November 9, 2016
Oral Reasons for Judgment
RADY, J. (Orally)
1Mr. Richards appeals from the order of Paisley J. dated April 21, 2016. He seeks a review of the order which directed the sale of the matrimonial home and that he pay child and spousal support.
2He submits that Paisley J. did not consider:
(1) The fact that he was paying a number of family debts;
(2) That Ms. Concepcion’s disclosure was inadequate; and
(3) That he believed that Ms. Concepcion was able to work.
3Essentially, Mr. Richards wants us to reconsider the issues before Paisley J. This is not the role of this court.
4Mr. Richards does not have leave to appeal the child and spousal support orders. He appeals the order respecting the sale of the matrimonial home as of right. The fact is that Mr. Richards could not purchase Ms. Concepcion’s interest in the matrimonial home then and he acknowledges today that he still cannot.
5If there has been a change in circumstances, the proper way to proceed is to bring a motion to change. Mr. Richards would be at liberty to file whatever evidence he considered necessary to substantiate his position.
6For these reasons, the appeal is dismissed.
COSTs – Dambrot J.
7I have endorsed the Appellant’s Appeal Book and Compendium as follows: “ The appeal is dismissed for oral reasons delivered in court today.”
RADY J.
I agree
DAMBROT J.
I agree
THORBURN J.
Date of Reasons for Judgment: November 9, 2016
Date of Release: November 15, 2016
CITATION: Concepcion v. Richards, 2016 ONSC 6984
DIVISIONAL COURT FILE NO.: 385/16
Court File No.: C62095 DATE: 20161109
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
DAMBROT, RADY and THORBURN JJ.
BETWEEN:
MARISSA CONCEPCION
Applicant (Respondent in Appeal)
– and –
LIVEEN RICHARDS
Respondent (Appellant in Appeal)
ORAL REASONS FOR JUDGMENT
RADY J.
Date of Reasons for Judgment: November 9, 2016
Date of Release: November 15, 2016