Court of Appeal for Ontario

CITATION: Salama v. Salama, 2013 ONCA 152

DATE: 20130314

DOCKET: C56242

BEFORE: Sharpe, Epstein and Pepall JJ.A.

BETWEEN

Maher Salama

Respondent

and

Nadia Salama

Appellant

COUNSEL:

Nadia Salama, in person

Katherine Iima, for the respondent

HEARD: March 12, 2013

On appeal from the judgment of Justice Craig Perkins of the Superior Court of Justice, dated October 11, 2012.

APPEAL BOOK ENDORSEMENT

[1] The appellant appeals the order of Perkins J. dismissing her motion to set aside the default judgment of Speigel J. We see no error in the reasons of Perkins J. He identified and applied the correct legal test. He found that the appellant had failed to explain her failure to respond to the proceedings and her delay in moving to set aside the default judgment.

[2] Moreover, to her benefit, he ordered that she be permitted to pursue the issue of support as a motion to change. That matter is currently before the Superior Court. We see no basis upon which this court could interfere with Perkins J.’s order.

[3] Accordingly, the appeal is dismissed. Costs to the respondent fixed at $7,500 inclusive of disbursement and applicable taxes.