Court File and Parties
DIVISIONAL COURT FILE NO.: 278/21
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
RE: TAMMY DESALVO
Plaintiffs (Moving Parties)
AND:
JEFFERY RODIN
Defendants (Responding Parties)
BEFORE: Penny, Grace and Kurz JJ.
COUNSEL: Martha McCarthy and Brigette Barsalou for the Moving Party
Harold Niman and Meysa Maleki for the Responding Party.
HEARD in writing: July 5, 2021
ENDORSEMENT
[1]
Endorsement
The motion for leave to appeal the February 17, 2021 decision of Bennett J. (2021 ONSC 2280) is granted only on the following issues:
a. Whether the motion judge erred by ordering a net amount of spousal support contrary to the Income Tax Act, (R.S.C. 1985, c.1 (5th Supp.), as the amount is not deductible to the Respondent but still taxable to the Appellant;
b. Whether the motion judge erred by finding that the Appellant was required to establish a material change in circumstances to vary an interim, without prejudice order; and
c. Whether the motion judge erred by relying on irrelevant considerations and/or made palpable and overriding errors in determining the appropriate amount of temporary spousal support that the responding party shall pay to the moving party.
[2]
Costs
Costs of this motion are payable in the amount of $5,000 to the moving party.
Penny J.
Grace J.
Kurz J.
Date: July 5, 2021