Court File and Parties

CITATION: Harris v. Harris, 2008 ONCA 529

DATE: 20080627

DOCKET: C47744

COURT OF APPEAL FOR ONTARIO

JURIANSZ, WATT and EPSTEIN JJ.A.

BETWEEN:

LESLIE JEAN HARRIS

Applicant (Respondent)

and

JOHN PHILIP HARRIS

Respondent (Appellant)

Counsel: Paul Taylor for the respondent (appellant) Robert MacLeod for the applicant (respondent)

Heard: June 26, 2008

On appeal from the order of Justice Joseph R. Henderson of the Superior Court of Justice dated August 24, 2007.

APPEAL BOOK ENDORSEMENT

[1] This is an appeal from judgment rendered at an undefended trial.

[2] The appellant abandoned his appeal of the part of the judgment regarding the real estate in the joint names of the parties. The only remaining issue is whether there was sufficient evidence in the record to support the amount of the deduction of the value of a personal injury action from the respondent’s net family property. In our view there was. The respondent adequately discharged her onus under s. 4(3) of the Family Law Act.

[3] The appeal is dismissed. Costs fixed in the amount of $5,000 inclusive of disbursements and GST.