Court of Appeal for Ontario

Citation: Tremblay-Rosin v. Rosin, 2008 ONCA 788

Date: 2008-11-24

Docket: C46242

Before: Rosenberg, Feldman and Simmons JJ.A.

Between:

Elizabeth Tremblay-Rosin Appellant

and

Urmas Rosin Respondent

Counsel: Elizabeth Tremblay-Rosin, in person Urmas Rosin, in person

Heard and released orally: November 19, 2008

On appeal from the judgment of Justice Nancy Backhouse of the Superior Court of Justice dated October 16, 2006.

ENDORSEMENT

[1] In our view, paragraphs 5 to 8 of the current order cannot stand.

[2] Even though the evidence concerning the equalization payment to be made was scanty, the trial judge was obliged to conduct a proper equalization calculation and to make an order concerning equalization and allocation of debts based on that calculation.

[3] As the trial judge's award of spousal support was premised on the trial judge's allocation of debts that order too is flawed.

[4] Paragraphs 5 to 8 of the judgment are set aside and a new trial is ordered on those issues. Enforcement of the $100,000 obligation by the appellant to the respondent is stayed pending the new trial. This order supersedes any existing order for interim spousal support. Instead, the appellant shall be at liberty to apply in the trial court for an order for interim spousal support.

"M. Rosenberg J.A."

"K. Feldman J.A."

"Janet Simmons J.A."