CITATION: Klerides v. Klerides, 2007 ONCA 383

DATE: 20070518

DOCKET: C46370

COURT OF APPEAL FOR ONTARIO

SIMMONS, CRONK AND BLAIR JJ.A.

BETWEEN:

SAVVAS KLERIDES

Petitioner (Appellant)

and

EUDOKIA KLERIDES

Respondent (Respondent)

Savvas Klerides (appellant) appearing in person

Eudokia Klerides (respondent) appearing in person

Heard and endorsed: May 17, 2007

On appeal from the endorsement of Justice Paul M. Perell of the Superior Court of Justice dated December 5, 2006.

APPEAL BOOK ENDORSEMENT

[1] In our view, this appeal must be dismissed.

[2] The appellant has demonstrated no basis for changing the order dated November 28, 2000 made by Paisley J. following a trial.

[3] There is no provision in the Family Law Act providing for variation of an order for an equalization payment based on changed circumstances.

[4] Even if the appellant's companion proceeding concerning ownership of the matrimonial home was dismissed by the registrar as abandoned prior to the November 2000 trial, we agree with the conclusion of Perell J. that the issues the appellant seeks to raise are res judicata.

[5] The appellant did not provide us with a complete copy of Paisley J.'s reasons; nor a copy of the trial record. However, it appears that Paisley J. dealt with the parties' respective claims relating to the matrimonial home on the merits. In particular, he dismissed the appellant's claim for an order that the matrimonial home be transferred to the appellant. Paisley J. also granted the respondent permanent exclusive possession of the matrimonial home. The effect of these orders is that the appellant has no interest in or claim to the matrimonial home. In short, contrary to the appellant's belief, the matrimonial home is not his house. In any event, as Perell J. observed, the November 28, 2000 decision covers arguments that the appellant made before Paisley J. as well as arguments that he should have raised.

[6] The appeal is therefore dismissed.

[7] Costs of the appeal are to the respondent fixed at $800.00 on a partial indemnity scale inclusive of disbursements and applicable G.S.T.