DATE: 20060615

DOCKET: C44777

COURT OF APPEAL FOR ONTARIO

RE:

DONNA-LEE NANCY BRUMWELL (Applicant/Respondent in Appeal) v. TIMOTHY IRWIN BRUMWELL (Respondent/Appellant in Appeal)

BEFORE:

O’CONNOR A.C.J.O., BORINS and ROULEAU JJ.A.

COUNSEL:

Lisa D. Eisen

for the appellant

Donna-Lee Brumwell

appearing in person

HEARD & ENDORSED:

June 15, 2006

On appeal from the order of Justice J.R. McIsaac of the Superior Court of Justice, Family Court, dated November 3, 2003.

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

[1] The motion judge found that there was an overpayment of child support for Frank. We are not in a position to quantify the amount of that overpayment. We are satisfied that the motion judge acted within his discretion in refusing to order repayment of the overpayment.

[2] The appeal is dismissed. There is no order as to costs.