Court of Appeal for Ontario
Date: 2017-07-04 Docket: C63196 Judges: Sharpe, Lauwers and Miller JJ.A.
Between
Rima Abou-Mansour Appellant/Respondent
and
Samer Abou-Mansour Respondent/Applicant
Counsel
Natalia Denchik, for the appellant
Jeffrey I. Rechtshaffen, for the respondent
Hearing and Release
Heard and released orally: June 29, 2017
On appeal from: the order of Justice Patrick Moore of the Superior Court of Justice, dated December 14, 2016.
Reasons for Decision
[1] Based upon medical evidence, the trial judge found that the respondent was unemployed and effectively unemployable and therefore refused to impute income.
[2] The appellant complains that the trial judge erred by curtailing her cross-examination of the respondent on his medical condition. We reject that submission.
[3] The trial judge enforced the time limits set out in the trial scheduling form and the appellant did not ask for more time to continue her cross-examination.
[4] The appellant alleges or argues that the trial judge erred in failing to grant her an adjournment to summons additional witnesses. We are not persuaded that the appellant provided the trial judge with a reasonable explanation to explain why the witnesses had not been summoned in a timely manner prior to the trial. The trial judge did not err in refusing an adjournment.
[5] The family assets were divided equally following separation, and it was open to the trial judge on the evidence to find that the appellant had purchased the Syrian properties from the proceeds of the equalization and to make no further order.
[6] For these reasons the appeal is dismissed.
[7] Costs to the respondent fixed at $3,500 inclusive of disbursements and taxes.
"Robert J. Sharpe J.A."
"P. Lauwers J.A."
"B.W. Miller J.A."
