Court of Appeal for Ontario

Citation: Lewis v. Theoret, 2015 ONCA 118

Date: 20150220

Docket: C59124

Before: Cronk, Pepall and Benotto JJ.A.

Between

Reid Lewis

Applicant (Appellant)

and

Chantal Theoret

Respondent (Respondent)

Counsel: J. Jeffrey Richey, for the appellant Diana Piccoli and Alysha McColl, for the respondent

Heard: February 19, 2015

On appeal from the order of Justice Lorna-Lee Snowie of the Superior Court of Justice, dated June 16, 2014.

APPEAL BOOK ENDORSEMENT

[1] The appellant appeals the summary judgment requiring him to pay retroactive child support in the amount of $37,552 and periodic child support in the amount of $3,823.

[2] The award is for two children, ages 13 and 16, and was based on straightforward Guidelines calculations.

[3] The monetary amounts are clearly within the jurisdiction of the Divisional Court pursuant to s.19 (1.2) of the Courts of Justice Act.

[4] The retroactive child support has not been paid. Nor has the amount ordered for costs. The ongoing child support is being enforced by F.R.O.

[5] The appellant seeks to have the appeal “transferred” to Divisional Court.

[6] In light of the appellant’s disregard of the existing order and the error in bringing the matter to this Court, we decline to exercise our discretion to do so.

[7] The appeal is quashed.

[8] The costs thrown away are awarded to the respondent in the amount of $15,000 inclusive of disbursements and HST. The costs may be enforced as an incidence of child support by F.R.O.