DATE: 20040416

DOCKET: C39244

COURT OF APPEAL FOR ONTARIO

RE:

JOANNE NEANNE D’ARC BOUDREAU a.k.a. JOHANNE JEANNE D’ARC BOUDREAU (Appellant) – and – GUY BENOIT BOUDREAU (Respondent)

BEFORE:

WEILER, ABELLA and ARMSTRONG JJ.A.

COUNSEL:

Paul E. Trenker

for the appellant

Charles C. Conroy

for the respondent

HEARD & ENDORSED:

April 14, 2004

On appeal from the judgment of Justice Louise L. Gauthier of the Superior Court of Justice dated November 12, 2002.

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

[1] Assuming without deciding that the trial judge erred in holding that the limitation period had expired, we would nonetheless dismiss this appeal.

[2] Based on the evidence before us, we see no basis for interfering with the conclusion of the trial judge that the separation agreement was not unconscionable. The uncontradicted financial evidence was that at the time the agreement was signed and at trial, Mr. Boudreau had a monthly deficit of almost $600 because he had assumed responsibility for $112,000 in joint debts. In these unusual circumstances, we would not set aside this agreement.

[3] Accordingly, the appeal is dismissed without costs.