Court of Appeal for Ontario

Citation: Bulko v. Aldridge, 2008 ONCA 541

Date: 2008-07-07

Docket: C46403

Before: Feldman, MacPherson and Cronk JJ.A.

Between:

Jackie Elias Bulko Respondent (Appellant)

and

Donna Lee Aldridge Applicant (Respondent)

Counsel: Elsie E. Peters for the appellant Patrick G. Muise for the respondent

Heard and released orally: July 4, 2008

On appeal from the order of Justice John C. Murray of the Superior Court of Justice dated November 21, 2006.

Endorsement

[1] Both parties appeal certain aspects of the trial judge’s decision in this contested family law matter.

Appeal

[2] The trial judge’s conclusion that the parties were spouses after living together for more than 25 years was amply supported by the record.

[3] We can see no error in the trial judge’s identification of property as matrimonial nor in his distribution of the property which followed traditional family law principles.

[4] There is no basis for interfering with the trial judge’s costs award of $25,000 inclusive of the trial, a pre-trial motion, disbursements and G.S.T.

Cross-appeal

[5] The respondent contends that the trial judge erred by not awarding retroactive spousal support for three years rather than one year. We see no basis for interfering with the exercise of the trial judge’s discretion in capping retroactive spousal support at one year.

Disposition

[6] The appeal and the cross-appeal are dismissed.

[7] For the sake of clarity and finality, we order that the following allocations be made from the $152,749.37 currently being held by the Accountant of the Ontario Court:

(1) Mr. Bulko receives a credit of $6000 because of the $12,000 paid out to Ms. Aldridge to relieve financial hardship in December 2007 (after the judgment under appeal was released).

(2) The sum of $3500 should be deducted from Mr. Bulko and paid to Ms. Aldridge for the benefit of Michael Bulko.

(3) The sum of $1000 should be deducted from Mr. Bulko and paid to Ms. Aldridge as compensation for her half-interest in a motor home.

(4) The sum of $25,000 should be deducted from Mr. Bulko and paid to Ms. Aldridge to comply with the trial judge’s costs award.

(5) The sum of $8800 should be deducted from Mr. Bulko and paid to Ms. Aldridge as compensation for pre-trial lump sum spousal support.

[8] This results in payment to Ms. Aldridge of $108,675 from the funds now held in court. The balance of the funds in court are payable to Mr. Bulko.

[9] No costs to either party.

“K. Feldman J.A.”

“J.C. MacPherson J.A.”

“E.A. Cronk J.A.”