COURT OF APPEAL FOR ONTARIO
DATE: 20000427
DOCKET: C32907
RE: WILLIAM WASNEY (Applicant/Appellant)
v. IRENE WASNEY (Respondent)
BEFORE: FINLAYSON, LABROSSE and GOUDGE JJ.A.
COUNSEL: Gordon Z. Bobesich,
for the appellant
Bruce D. Day,
for the respondent
HEARD: April 27, 2000
On appeal from the order of Mr. Justice Langdon dated September
2, 1999
E N D O R S E M E N T
[1] The issue in this case is the appropriate date for
termination of child support.
[2] The material is less than satisfactory. However, there is
no dispute that the child was a dependent until she completed
secondary school in June 1995. There is no evidence that
thereafter the child planned to continue her schooling. We do
know that she earned $12,163 in 1996 and $11,345 in 1997.
[3] In these circumstances, the reasonable inference is that she
was no longer dependent as of the end of December 1995 and the
arrears of principal are fixed at $25,759. Using the same ratio
between principal and interest as was used by the motions judge,
we calculate an appropriate amount of interest owing to be
$20,000. The total arrears are therefore fixed at $45,759.
[4] Paragraph 1 of the judgment below is varied accordingly. In
all other respects, the appeal is dismissed.
[5] We make no order as to costs of the appeal.
(signed) "G. D. Finlayson J.A."
(signed) "J. M. Labrosse J.A."
(signed) "S. T. Goudge J.A."