DATE: 20050708

DOCKET: C41287

COURT OF APPEAL FOR ONTARIO

RE:

KAREN ELIZABETH CAREW (Applicant) (Respondent in Appeal/Appellant in Cross-Appeal) v. BRADLEY JAMES CAREW (Respondent) (Appellant in Appeal/Respondent in Cross-Appeal)

BEFORE:

DOHERTY, MACPHERSON and CRONK JJ.A.

COUNSEL:

Barry L. Evans

for the appellant Bradley Carew

Peter M. Callahan

for the respondent Karen Carew

HEARD & ENDORSED:

July 4, 2005

On appeal from the judgment of Justice J. Rogers of the Superior Court of Justice dated January 2, 2004.

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

[1] The trial judge effectively found that the decrease in the appellant (father’s) income constituted a material change in circumstances. That finding is not challenged on appeal.

[2] Having found a material change in circumstances, the trial judge was obliged to take all of the circumstances into account in deciding what variation, if any, should be made in the support orders. Significantly, in this case, the circumstances included the agreement between the parties which provided for the basis upon which support was to be calculated and adjusted on an ongoing basis. The trial judge adapted that agreement to effect a variation which maintained the spirit of the agreement, but reflected the decrease in the appellant’s income. We see no error in the result.

[3] The appeal is dismissed. Costs to the respondent in the amount of $7,000.00, inclusive of disbursements and GST.