DATE: 2005-09-01

DOCKET: C42641, M32867

COURT OF APPEAL FOR ONTARIO

RE: DELLA MARIE SULLIVAN (Applicant/Respondent) –and- BRADLEY ALAN SULLIVAN (Respondent/Appellant)

BEFORE: LASKIN, SHARPE and JURIANSZ JJ.A.

COUNSEL: Bradley Alan Sullivan the appellant in person Colin Still for the respondent

HEARD & ENDORSED: September 1, 2005

On appeal from the judgment of the Honorable Justice Wood, made at the Superior Court of Justice in Newmarket, dated October 18, 2004.

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

[1] The appellant Mr. Sullivan did not appear, although the court’s records show that he was given notice by mail at the address in Ireland set out in his appeal book. In these circumstances his appeal is dismissed as an abandoned appeal.

[2] Mrs. Sullivan raises two issues on her cross appeal. She submits first that the trial judge made a mathematical error in his calculation of retroactive spousal support; and second that in his equalization payment calculation he used an incorrect figure for the appellant’s RRSP’s.

[3] We are not satisfied that the trial judge made the errors alleged by the respondent. However, even if her calculations raise a doubt about their accuracy, looking at the award overall, we are not persuaded that we should interfere with it. In our view, as the respondent acknowledged in her factum, the overall award is generous. The cross-appeal is therefore dismissed.

[4] The respondent is entitled to her costs of the appeal including the motion before Lang J.A., which we fix in the amount of $12,500.00 all inclusive.