Court of Appeal for Ontario

Citation: Dennis v. Dennis, 2013 ONCA 160

Date: 20130315

Docket: C54510

Judges: Sharpe, Epstein and Pepall JJ.A.

Between:

Lana Marlene Dennis

Applicant/Respondent

and

Sylvester Dennis

Respondent/Appellant

Counsel:

Patrick Di Monte, for the appellant

Mahzulfa Uppal and J. David Keith, for the respondent

Heard & released orally: March 14, 2013

On appeal from the order of Justice S.S. Seppi of the Superior Court of Justice, dated October 03, 2011.

ENDORSEMENT

[1] Despite Mr. Di Monte’s capable argument, we are not persuaded that there is any basis for this court to interfere with Justice Seppi’s order dismissing the appellant’s motion to set aside the settlement incorporated in the order of Justice Van Rensburg.

[2] That settlement order was the product of a three day of settlement conference following years of protracted litigation. We do not agree that the settlement of the equalization payment owing to the respondent was or should be conditional on the appellant’s being able to pay that amount without selling the property in Jamaica. The settlement order did not require the sale of that property, but it did require the appellant to pay the equalization amount. As noted by Justice Van Rensburg, it is for the appellant to find the means to satisfy the equalization amount. His reluctance to part with the property in Jamaica cannot be used to justify his failure to pay the appellant the equalization payment to which she is entitled.

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

“Robert J. Sharpe J.A.”

“G.J. Epstein J.A.”

“S.E. Pepall J.A.”