DATE: 20051025

DOCKET: C43036

COURT OF APPEAL FOR ONTARIO

RE:

ELAINE ANN BRENTNALL (Applicant/Appellant) – and TERRENCE DAVID BRENTNALL (Respondent)

BEFORE:

GILLESE, BLAIR and JURIANSZ JJ.A.

COUNSEL:

Monica Scholz

for the appellant

Richard P. Startek

for the respondent

Ray DiGregorio

for Ontario Works

HEARD & ENDORSED:

October 24, 2005

On appeal from the order of Justice David S. Crane of the Superior Court of Justice dated January 5, 2005.

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

[1] The reasons given by the motion judge are so conclusory in nature that this court is unable to perform its function and review his order. In particular, the motion judge gives no reasons for setting ongoing spousal support at $600 per month. Nor does he give reasons to explain how or why the $600 per month ongoing support is also to be applied against arrears of support at the same time. While the latter appears to be an error in principle, in the absence of reasons we are unable to even understand what was intended by such an order.

[2] Accordingly, the appeal is allowed, the order below is set aside and the matter is remitted to be heard by a different judge.

[3] Costs to the appellant fixed at $3,500.00, inclusive of disbursements and GST.