Court of Appeal for Ontario

Date: 2017-01-18 Docket: C62542

Judges: Simmons, Brown and Roberts JJ.A.

Between

Peter Brian Cozzi Appellant

and

Miranda Leigh Smith Respondent

Counsel

Jordan D. Sobel, for the appellant

James H. Herbert, for the respondent

Heard

January 18, 2017

On Appeal

On appeal from the orders of Justice Heather A. McGee of the Superior Court of Justice (Family Court Branch), dated February 23, 2016 and April 18, 2016.

Appeal Book Endorsement

[1] The appeal is dismissed. The appellant could only succeed in obtaining the relief he sought in the family court proceeding if he was successful in setting aside an outstanding mortgage, which was the subject of a separate fraudulent conveyances action, which he had commenced. The family law motion judge made no error in declining jurisdiction in these circumstances. The motion should have been brought in the fraudulent conveyances action.

[2] We decline to entertain the costs appeal. The appellant did not seek leave.

[3] Costs of the appeal are to the respondent on a partial indemnity scale fixed in the amount of $5,000 inclusive of applicable taxes and disbursements.