DATE: 20061122

DOCKET: C43969

COURT OF APPEAL FOR ONTARIO

RE:

YVENS MICHEL (Applicant/Appellant in Appeal) – and – TERESA VIERTLEHAUSEN-MICHEL (Respondent/Respondent in Appeal)

BEFORE:

LABROSSE, DOHERTY and GOUDGE JJ.A.

COUNSEL:

Yvens Michel

in person

Carol Cochrane

for the respondent

HEARD & ENDORSED:

November 20, 2006

On appeal from the order of Justice Bernard J. Manton of the Superior Court of Justice, dated July 6, 2005.

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

[1] We recognized that the appellant had to incur valid expenses, however limited, to earn the business income.

[2] However, it is not feasible, on this record, to arrive at an amount for business income that the appellant should have been credited for the purpose of child support payments.

[3] The appellant now says that his income has been re-assessed downward from that declared in his tax returns for the years 2000 to 2005, as used by the motion judge.

[4] The appeal must be dismissed. However, it is dismissed, with leave to the appellant, should he move to vary the order of Manton J. on the basis of his re-assessments, to prove, on proper evidence, his actual expenses for business income from 2000 to 2005.

[5] The respondent is entitled to her costs, fixed at $8,000, all inclusive.