DATE: 20050829

DOCKET: M32489 (C40649)

COURT OF APPEAL FOR ONTARIO

RE:

LAURA MARIE MURRAY (Appellant) – and – GUY GRAHAM MURRAY (Respondent)

BEFORE:

CATZMAN, LASKIN and ARMSTRONG JJ.A.

COUNSEL:

Patrick D. Schmidt and George Karahotzitis

for the appellant

Brinley Evans and D. Smith

for the respondent

HEARD:

In writing

E N D O R S E M E N T

[1] Mr. Murray appealed the divorce judgment of Justice Croll of the Superior Court dated October 9, 2003 requiring him to pay to Mrs. Murray retroactive spousal support of $274,591.00 plus pre-judgment interest and costs. He also appealed the judgment requiring him to pay future spousal support.

[2] The appeal was heard by this court on February 7, 2005. We reserved our judgment on the appeal until today.

[3] On May 4, 2005, Mrs. Murray filed a notice of motion for an order dismissing her husband’s appeal, with costs. The motion is supported on the ground that Mr. Murray, since the hearing of the appeal, has not paid the monthly spousal support due under the divorce judgment of Croll J.

[4] The court has received written submissions from each party in respect of the motion. Mr. Murray’s position in response to the motion is that his income has declined considerably since trial and his capacity to pay the amount owing has substantially eroded.

[5] There are important issues to be decided in the appeal which should be determined for the benefit of both parties. As indicated above, we have today rendered our judgment in the appeal. We therefore dismiss Mrs. Murray’s motion, but in the circumstances, without costs.

“M.A. Catzman J.A.”

“John Laskin J.A.”

“Robert P. Armstrong J.A.”