DATE: 20060227

DOCKET: C44034

COURT OF APPEAL FOR ONTARIO

RE:

SCOTT TANNAHILL (Respondent) -and- SELENA TANNAHILL (Appellant)

BEFORE:

CATZMAN, MOLDAVER and ARMSTRONG JJ.A.

COUNSEL:

James Tomlinson

for the appellant

Kenneth E. Snider

for the respondent

HEARD & ENDORSED:

February 24, 2006

On appeal from the order of Justice Nancy L. Backhouse of the Superior Court of Justice, dated May 13, 2005 made at Toronto, Ontario.

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

[1] The appellant did not move to set aside the judgment of Backhouse J. He appealed to this court, and firstly argued that he should have received notice of the hearing before Backhouse J.

[2] In order to make that argument, he should have moved in the Superior Court to set aside the default judgment. Secondly, his counsel argued the appeal on its merits, and submitted that the lump sum support of $30,748.00 is excessive. There was an affidavit filed by the respondent that was before Backhouse J. and that supported the making of that award.

[3] In our view, Backhouse J. was entitled to make the order she did on the basis of the material before her. The appeal is dismissed with costs fixed in the amount of $2,500.00 inclusive of disbursements and GST.