COURT OF APPEAL FOR ONTARIO

DATE: 20030523

DOCKET: C37361

RE: Paul Theodore (Appellant (Husband)) – and – Leslie Parsons (Respondent (Wife))

BEFORE: Moldaver, Goudge, Cronk JJ.A.

COUNSEL:

L. Bleta for the appellant

Peter A. Douglas for the respondent

HEARD & ENDORSED: May 21, 2003

On appeal from the judgment of Justice M.P. Eberhard of the Superior Court of Justice dated October 30, 2001.

APPEAL BOOK ENDORSEMENT

[1] This appeal is essentially fact driven. The trial judge took a dim view of the appellant’s evidence. She described him as being evasive, argumentative and unresponsive and found that he showed an astonishing disdain for the judicial process as a means of resolving the dispute. In the circumstances, we are not persuaded that there is a basis for interfering with the trial judge’s findings favouring the respondent. The trial judge did not err in her application of the law to the facts as she found them. Accordingly, we would not give effect to the various grounds of appeal raised by the appellant that challenge the trial judge’s equalization assessment.

[2] We are also of the view that it was open to the trial judge, in the exercise of her discretion, to award pre-judgement interest from April 12, 1992 to the date of the release of her judgment. We also see no basis for interfering with the trial judge’s award of costs.

[3] The cross-appeal is dismissed as abandoned. No costs.

[4] With respect to the appeal, the respondent is entitled to her costs which we fix at $6,500 inclusive of G.S.T. and disbursements on a partial indemnity basis.