Court File and Parties

CITATION: Embree v. Embree, 2009 ONCA 54

DATE: 20090120

DOCKET: C47756

COURT OF APPEAL FOR ONTARIO

Winkler C.J.O., Rosenberg and Moldaver JJ.A.

BETWEEN:

David Wayne Embree

Respondent (Appellant)

and

Jennifer Lee Wilson-Embree

Applicant (Respondent in Appeal)

Eric Freedman, for the appellant

Daniel Pole, for the respondent

Heard and released orally: January 12, 2009

On appeal from the judgment of Justice Emile Kruzick of the Superior Court of Justice dated August 30, 2007 made at Orangeville.

ENDORSEMENT

[1] The trial judge was hampered by the appellant’s inadequate disclosure of the assets and liabilities of the business. The trial judge made strong credibility findings against the appellant. It is apparent that the trial judge did the best he could to value the business and found that it was worth at least $102,000. The trial judge was well aware that the aeroplane was not a business asset and dealt with it separately in Table 1. The appellant has not shown that the $102,000 included the value of the aeroplane. As to the appellant’s submission with respect to $35,000 debt, it was open to the trial judge to find as a fact that it crystallized after separation.

[2] Accordingly, the appeal is dismissed.

[3] Costs of the appeal fixed in the amount of $7,500 inclusive of G.S.T. and disbursements

Signed: “Winkler C.J.O.”

“M. Rosenberg J.A.”

“M. J. Moldaver J.A.”