DATE: 20030702
DOCKET: C36462
COURT OF APPEAL FOR ONTARIO
RE:
CHERYL MARIE KENNEDY (Applicant/Respondent) - and - LESLIE ALBERT SINCLAIR (Respondent/Appellant) - and - ROY SINCLAIR and OLIVE SINCLAIR (Respondents)
BEFORE:
ABELLA, CRONK and JURIANSZ (ad hoc)
COUNSEL:
Cheryl Kennedy in person
G. S. Joseph for the respondent/appellant
HEARD & ENDORSED:
June 27, 2003
On appeal from the judgment of the Honourable Madam Justice M. A. C. Scott dated May 3, 2001.
APPEAL BOOK ENDORSEMENT
[1] We are not persuaded in the circumstances of this case that it was improper for Scott J. to preside over the uncontested trial. We note that there was no appeal from the order striking his Answer in this matter, thereby leading to the uncontested trial.
[2] In our view, there was sufficient evidence in the record to support the trial judge's imputation of $65,000 annual income to the appellant.
[3] It was within the trial judge's discretion to conclude that a "clean break" was desirable and to award a lump sum spousal support award.
[4] Scott J.'s approach to quantifying the value of the wife's pension and the value assigned by her were reasonable in the circumstances.
[5] We see no basis for interfering with the trial judge's exercise in discretion in awarding costs against the appellant on the scale that she did, given the history of this matter and her finding of bad faith.
[6] Accordingly, the appeal is dismissed with costs fixed in the total amount of $3,000.00.