COURT OF APPEAL FOR ONTARIO

CITATION: Azimi v. Mirzaei, 2007 ONCA 901

DATE: 20071227

DOCKET: C47198

WINKLER C.J.O., CRONK and EPSTEIN JJ.A.

BETWEEN:

MOHSEN S. AZIMI

Applicant (Appellant in Appeal)

and

GUITA MIRZAEI

Respondent (Respondent in Appeal)

Mohsen Azimi, in person

Guita Mirzaei, in person

Heard and released orally: December 19, 2007

On appeal from the judgment of Justice E. Eva Frank of the Superior Court of Justice dated May 8, 2007.

ENDORSEMENT

[1] The appellant challenges the trial judge’s decision directing that the equalization payment owed by the wife be set off against the child support payments owed by the appellant husband. In our view, the appellant’s appeal from this discretionary decision cannot succeed.

[2] Contrary to the appellant’s submission, the trial judge did not order lump sum child support. She ordered periodic child support, payable monthly. She then directed that the equalization payment that she found was owed by the wife was to be set off, until extinguished, against the child support payments owed by the appellant. She made no error in so ordering. The trial judge found that the appellant had no intention of paying child support. This finding was amply supported by the evidence. Moreover, before this court, the appellant confirmed that he has paid no child support whatsoever – either before or after the date of the trial judgment.

[3] The appeal, therefore, is dismissed. The respondent seeks no costs. Accordingly, we make no order as to the costs of this appeal.

“W. Winkler C.J.O.”

“E.A. Cronk J.A.”

“G. Epstein J.A.”