DATE: 20060915

DOCKET: C44832

COURT OF APPEAL FOR ONTARIO

RE:

JULIE MARY DESJARDINS (Applicant/Respondent in Appeal) v. CHRISTOPHER KENNETH BART (Respondent/Appellant in Appeal)

BEFORE:

O’CONNOR A.C.J.O., CRONK and LANG JJ.A.

COUNSEL:

Andreus R. Snelius

for the appellant

Murray E. Lightman

for the respondent

HEARD & ENDORSED:

September 15, 2006

On appeal from the order of Justice Baltman of the Superior Court of Justice dated January 3, 2006.

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

[1] The appellant argues that the application judge failed to properly apply subsection 4(b) and ss. 7 and 17 of the Child Support Guidelines to his income and support obligations for the year 2004. The application of those sections is discretionary. We see no error in the way the application judge exercised her discretion. The appeal is dismissed.

[2] The appellant shall pay the respondent’s costs fixed in the amount of $6,042.00, inclusive of disbursements and GST.