Court of Appeal for Ontario

Citation: Vettese v. Vettese, 2011 ONCA 552

Date: 20110810

Docket: C52670

Before: Goudge, Juriansz and MacFarland JJ.A.

Between

Isabelle Vettese

Applicant (Appellant)

and

John Frank Vettese

Respondent (Respondent)

Counsel:

Isabelle Vettese, acting in person

Samantha Keser, for the respondent

Heard: August 9, 2011

On appeal from the judgment of Justice Heather A. McGee of the Superior Court of Justice, dated August 11, 2010.

APPEAL BOOK ENDORSEMENT

[1] The appellant strenuously argues that this court has jurisdiction to hear her appeal. Assuming that this is so, we find the order appealed from one that was entirely within the trial judge’s discretion to make. There is no basis for us to interfere with it.

[2] We agree with the trial judge when she says “in the context of a request for final orders on the substantive issues of spousal support and equalization, the use of allegations alone is woefully inadequate. A failure to defend is simply not a sufficient basis for the findings of fact that the appellant seeks.”

[3] The appellant will have a chance at her trial to put evidence before the court to support her request for relief.

[4] The appeal is dismissed.

“S. T. Goudge J.A.”