Court of Appeal for Ontario

CITATION: Philip v. Philip, 2008 ONCA 152

DATE: 20080229

DOCKET: C45917

COURT OF APPEAL FOR ONTARIO

MOLDAVER, JURIANSZ and EPSTEIN JJ.A.

BETWEEN:

GEORGE PHILIP

Applicant (Respondent in Appeal)

and

LEELAMMA PHILIP

Respondent (Appellant in Appeal)

Susan Adam Metzler for the appellant

Jeffery Wilson for the respondent

Heard and endorsed: February 27, 2008

On appeal from the order of Justice Terrance P. O’Connor of the Superior Court of Justice dated August 2, 2006 and amended August 4, 2006.

APPEAL BOOK ENDORSEMENT

[1] We are not persuaded that the trial judge erred in his findings of fact or in his application of the law. In particular, we see no error in his construction of the 1994 consent judgment, nor are we persuaded that he erred in his approach to or assessment of the accounting evidence.

[2] In arriving at the phased reduction of the support payments, the trial judge calculated, as best he could on the evidence before him, the appellant’s entitlement to C.P.P. and O.A.S.

[3] Based on the fresh evidence, which we admit, this calculation fell short by $280 per month. The respondent fairly agrees to increase the support payments by that amount but submits that they should not be made retroactive. We disagree. In our view, the increased payments ($280) should be made retroactive from January 1, 2008 and the order below is varied accordingly. Otherwise the appeal is dismissed.

[4] Costs to the respondent fixed at $10,000 inclusive of G.S.T. and disbursements.