Court of Appeal for Ontario

Date: 2017-01-25 Docket: C61297

Judges: Strathy C.J.O., Pardu and Brown JJ.A.

Between

John Wilson Wharry Applicant (Respondent in Appeal)

and

Karen Wharry Respondent (Appellant)

Counsel

Elli Cohen, for the appellant

Ross C. McLean and John W.E. Gilbert, for the respondent

Hearing and Appeal

Heard: November 10, 2016

On appeal from: The judgment of Justice Michael G. Emery of the Superior Court of Justice, dated October 16, 2015.

Costs Endorsement

[1] We have now received submissions as to costs from the parties. The appellant, Karen Wharry, achieved some success on the appeal, increasing spousal and child support and eliminating a termination date fixed by the trial judge for spousal support. She was unsuccessful in overturning the trial judge's conclusions as to the equalization of net family property, an issue of substantial financial significance. Having regard to the outcome of the appeal, we would vary the trial judge's costs award of $10,000 in favour of John Wilson Wharry by reducing it to $7,000. Neither party provided this court with any assistance in relation to the child or spousal support guidelines. Each party will bear his or her own costs of the appeal.

"G.R. Strathy C.J.O."

"G. Pardu J.A."

"David Brown J.A."