DATE: 20040715

DOCKET: C39478

COURT OF APPEAL FOR ONTARIO

RE:

PETER ARELLA (Applicant/Respondent in Appeal) v. MARLENE SCOBAK (Respondent/Appellant in Appeal)

BEFORE:

McMURTRY C.J.O., BORINS AND FELDMAN JJ.A.

COUNSEL:

Walter C. Wieckowski

for the appellant

Michael Cupello

for the respondent

HEARD & ENDORSED:

JULY 8, 2004

On appeal from the judgment of Justice John deP. Wright dated January 3, 2003.

A P P E A L B O O K E N D O R S E M E N T

[1] We are of the view that the motions judge erred in finding a material change in circumstances. The appeal is therefore allowed and, doing the best we can on the record before us, we fix the arrears of spousal support as of January 24, 2003 in the amount of $6,000.00 less any payments made to FRO since that date.

[2] The arrears in spousal support are to be paid in equal monthly instalments over the next six years payable on the first day of each month. The cost order of Wright J. is set aside.

[3] The appellant is entitled to her costs before Wright J. and in this court in the amount of $6,250.00.