DATE: 20040420

DOCKET: C39848

COURT OF APPEAL FOR ONTARIO

RE: BARBARA FELTE (Petitioner) (Respondent) – and – HARRY FELTE (Respondent) (Appellant)

BEFORE: LASKIN, SIMMONS and CRONK JJ.A.

COUNSEL: Harry Felte the appellant in person

Barbara Felte the respondent in person

HEARD: April 14, 2004

RELEASED ORALLY: April 14, 2004

On appeal from the order of Justice John R. Belleghem of the Superior Court of Justice dated March 14, 2003.

E N D O R S E M E N T

[1] Mr. Felte appeals the decision of Belleghem J. ordering him to pay his former wife an equalization payment of $100,000 and lump sum spousal support of $75,000 or monthly support of $1,500 per month for six years.

[2] Although the trial took place over five days, the evidence of the value of Mr. Felte’s assets on the date of the marriage, and especially on the date of separation, was not entirely satisfactory. Mr. Felte’s brother, whose evidence would have been helpful in understanding his financial dealings with the appellant, did not testify. Mr. Felte’s accountant acted largely on the instructions of Mr. Felte and his evidence must be assessed in that light.

[1] The trial judge ought to have done a proper net family property calculation. Nonetheless, given the evidence he had, he tried to arrive at a just result between two parties whose financial means were once much greater than they apparently are now. In making the order he did, the trial judge was entitled to take into account Mr. Felte’s conduct during the marriage and the rapid down paying of his loans at the time of separation (see para. 25 of the reasons).

[2] Overall, we are satisfied that the trial judge’s findings and conclusions are supported by the evidence before him and that the result is fair. Accordingly, the appeal is dismissed. In the circumstances there shall be no costs.

“John Laskin J.A.”

“Janet Simmons J.A.”

“E.A. Cronk J.A.”