DATE: 20030411

DOCKET: C36453

COURT OF APPEAL FOR ONTARIO

RE: Sylvia Anne Bosanac (Applicant (Respondent in Appeal)) – and – John Ivan Bosanac (Respondent (Appellant))

BEFORE: ABELLA, LASKIN AND MACPHERSON, JJ.A.

COUNSEL: Ted R. Laan for the applicant (respondent in appeal)

Gary S. Joseph and S. Jack for the respondent (appellant)

HEARD: March 27, 2003

On appeal from the judgment of Justice D. Genesse dated May 1, 2001.

E N D O R S E M E N T

Released Orally: March 27, 2003

[1] We see no basis for interfering with the trial judge’s conclusion that since the plan of subdivision was never registered, the domestic contract was no longer operative. We do not think the definitions of assets or agreement in the domestic contract can be applied to exclude from the NFP calculation the appellant’s interest in the investment.

[2] In light of the income statement and financial statements of Sandwell Fuels, it was open to the trial judge to impute an amount from that company to the appellant’s income.

[3] It was also open to the trial judge to award the quantum of spousal support she did based on the respondent’s financial statement and the evidence at trial. We see no error in awarding this amount retroactively.

[1] Accordingly, the appeal is dismissed with costs fixed in the amount of $15,000.

“R.S. Abella J.A.”

“John Laskin J.A.”

“J. C. MacPherson J.A.”