Court of Appeal for Ontario

CITATION: Davies v. Quantz, 2010 ONCA 896

DATE: 20101223

DOCKET: C51714

BEFORE: Doherty, Armstrong and MacFarland JJ.A.

BETWEEN

Melanie Jane Davies

Applicant (Appellant)

and

MacKenzie Alexander Quantz

Respondent (Respondent in appeal)

COUNSEL:

Terry W. Hainsworth, for the appellant

Gerald Sadvari, for the respondent Quantz

Heard and released orally: December 21, 2010

On appeal from the order of Justice Mary E. Marshman of the Superior Court of Justice dated February 5, 2010.

ENDORSEMENT

[1] The appellant appeals the judgment of Marshman J. whereby she ordered time limited spousal support. None of the other aspects of the judgment are the subject of this appeal.

[2] Trial judges enjoy a certain discretion making spousal support orders and properly so because each case is very much fact specific. Here the trial judge importantly accepted the respondent’s evidence that the appellant would return to the workforce when the two children of the marriage were in school fulltime.

[3] In the first nine years of the marriage both parties worked on their careers and were in the trial judge’s view, “equals” during those years. The “traditional” marriage did not begin immediately. The trial judge found the appellant to be “a bright, well-educated woman who could have significant earning capacity if she put her mind to it”. While the trial judge could not attribute income to the appellant, the fact remains that both children are in school fulltime and she has capacity to earn income.

[4] In our view, the trial judge considered the appropriate factors specific to this case, the relevant authorities and we see no error in principle, which would justify interference by this court. We also note that in matters of spousal support, the doors are never closed. This judgment does not foreclose the appellant’s right to seek a variation of this spousal support order in the future in appropriate circumstances.

[5] The appeal is dismissed.

[6] As agreed by counsel, costs to the respondent fixed in the sum of $15,000 inclusive of disbursements and appropriate taxes.

“Doherty J.A.”

“Armstrong J.A.”

“J. MacFarland J.A.”