DATE: 20050512

DOCKET: C40033

COURT OF APPEAL FOR ONTARIO

RE:

Danny Zomparelli (Applicant/Respondent) – and – Rose Zomparelli (Respondent/Appellant)

BEFORE:

McMurtry C.J.O., Doherty and LaForme JJ.A.

COUNSEL:

D. Huclack and K. Janczaruk

for the appellant

D. Silverman

for the respondent

Martha Heder

for the Office of the Children’s Lawyer

HEARD & ENDORSED:

May 12, 2005

On appeal from the judgment of The Honourable Mr. Justice Wood of the Superior Court of Justice dated April 17, 2003.

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

[1] We see no merits in the appellant’s arguments in respect to the issues of custody and pension valuation and did not call upon the respondent. With respect to spousal support it was open to the trial judge to make the order he did. It is also open to the appellant to move to vary the order on the basis that despite her best efforts she has not reached the level of self-sufficiency anticipated by the trial judge.

[2] The other grounds of appeal were abandoned.

[3] The appeal is dismissed. The stay of the sale of the matrimonial home ordered by Cronk J.A. on August 25, 2004 is lifted. The respondent is entitled to his costs fixed in the amount of $8,000.00.