Court File and Parties

Citation: Ellis v. Ellis, 2010 ONCA 717 Date: 2010-10-27 Docket: C51162

Court of Appeal for Ontario Before: Laskin, Armstrong and Juriansz JJ.A.

Between:

Peter Ellis Applicant (Respondent)

and

Catherine Ellis Respondent (Appellant)

Counsel: Jerry Chaimovitz, for the appellant Liane L. Ormond, for the respondent

Heard: October 25, 2010

On appeal from the orders of Justice Walter T. Stayshyn of the Superior Court of Justice, dated September 30, 2009 and October 7, 2009.

Appeal Book Endorsement

[1] Mrs. Ellis’ principal ground of appeal is that the motion judge erred in failing to increase spousal support once her child support was reduced. We do not accept Mrs. Ellis’ argument.

[2] We acknowledge that some of the motion judge’s interventions during the course of the argument on the motion were injudicious and that his reasons are skimpy. Nonetheless, his order dismissing the motion is reasonable. The principal considerations that support the motion judge’s order – which he did advert to – are that the youngest child, Lucy, changed her primary residence from her mother to her father, and Mrs. Ellis is paying no child support for Lucy. Accordingly, we do not give effect to this ground of appeal.

[3] Mrs. Ellis’ other ground of appeal is that the motion judge erred in allowing Dr. Ellis’ expenses on his income tax return for the purpose of calculating child support. The motion judge’s order is discretionary and on this ground of appeal, as well as the first ground of appeal, we see no basis to interfere with the exercise of that discretion.

[4] The appeal is dismissed, with costs fixed at $5,000, all inclusive.