Court File and Parties

CITATION: Chitty v. Chitty, 2009 ONCA 236

DATE: 20090316

DOCKET: C49478

COURT OF APPEAL FOR ONTARIO

Moldaver, Gillese and Armstrong JJ.A.

BETWEEN:

Monica Chitty

Applicant (Respondent)

and

Steve Chitty

Respondent (Appellant)

Counsel:

Luigi De Lisio, for the appellant

Monica Chitty appearing in person

Heard: March 13, 2009

On appeal from order of Justice J. Wilma Scott of the Superior Court of Justice dated September 12, 2008.

APPEAL BOOK ENDORSEMENT

[1] We are not persuaded that Scott J. erred in treating Pazaratz J.’s order as final. We note that the record does not include Pazaratz J.’s order which makes it far more difficult to appreciate the appellant’s argument. However, we have reviewed Pazaratz J.’s endorsement and see no suggestion that the motion was to deal with the matters of child support and rescission of arrears only on an interim basis.

[2] Further, the notice of motion on which Justice Pazaratz acted does not specify that it was being brought only for interim relief.

[3] In light of the reasons given by Pazaratz J. and the nature of the relief sought in the notice of motion, it was fully open to Scott J. to treat the issue of child support as she did.

[4] Accordingly, the appeal is dismissed. Costs to the respondent, Ms. Monica Chitty, fixed at $3000.00 inclusive of G.S.T. and disbursements.