Court of Appeal for Ontario

CITATION: Hinke v. Lake, 2007 ONCA 248

DATE: 20070405

DOCKET: C46332

BEFORE: MACPHERSON, MACFARLAND and LAFORME JJ.A.

BETWEEN:

THOMAS VINCENT HINKE

(Applicant/Appellant)

and

LINDA JANE LAKE

(Respondent)

COUNSEL:

Julie Audet, for the appellant

Lisa P. Jolicoeur, for the respondent

HEARD: April 3, 2007

On appeal from the order of Justice Maria T. Linhares de Sousa of the Superior Court of Justice dated November 2, 2006.

APPEAL BOOK ENDORSEMENT

[1] The application judge rendered a comprehensive decision dealing with many issues in a matrimonial proceeding. There is no appeal on all issues but for one – the question of issue estoppel with respect to a potential variation of the arrears of support for the 1995‑1999 period determined by Bell J. earlier in the proceedings. On that issue, the respondent agrees with the appellant’s position that the application judge erred. We agree: see DiFrancesco v. Couto, [2001] O.J. No. 4307 at paras. 28‑32 (C.A.).

[2] Accordingly, the appeal is allowed, on consent. Order to go in terms of paragraphs 1 and 2 of the Notice of Appeal. No costs.