DATE: 20060407

DOCKET: C44639

COURT OF APPEAL FOR ONTARIO

RE:

SHARON SASSEVILLE (Plaintiff (Appellant)) – and – DENNIS SASSEVILLE (Defendant (Respondent))

BEFORE:

ROSENBERG, GOUDGE and FELDMAN JJ.A.

COUNSEL:

Murray N. Ellies

for the appellant

No one appearing

for the respondent

HEARD & ENDORSED:

APRIL 4, 2006

On appeal from the judgment of Justice Robert P. Boissonneault of the Superior Court of Justice dated June 29, 2004.

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

[1] We have been informed that the respondent is aware of today’s date for the appeal and does not intend to appear.

[2] There is some ambiguity in the reasons for judgment. It is apparent to us that the trial judge intended to award spousal support to the appellant in the amount of $1,000 per month. Accordingly, the appeal is allowed, the first sentence of paragraph 1 of the order is struck out and replaced by the following:

This court orders that the defendant shall pay spousal support at the rate of $1,000 a month (inclusive of the amount the plaintiff receives by way of direct payment from the pension).

[3] This order is effective from June 29, 2004. Any arrears will have to be paid by the respondent.

[4] The appellant shall have her costs fixed at $1,000 inclusive of disbursements and G.S.T.