Court of Appeal for Ontario

Date: November 15, 2017 Docket: C63867

Judges: Cronk, Huscroft and Nordheimer JJ.A.

Between

Serghei Surighin Applicant (Appellant)

and

Galina Surighina Defendant (Respondent)

Representation

No one appearing for Serghei Surighin

Galina Surighina, in person

Heard and released orally: November 15, 2017

On appeal from: The judgment of Justice Carole Curtis of the Ontario Court of Justice, dated March 10, 2017, with reasons reported at 2017 ONCJ 384.

Reasons for Decision

[1] The appellant father appeals from the decision of C. Curtis J. of the Ontario Court of Justice, dated March 10, 2017, ordering the appellant to pay retroactive and prospective child support, including extraordinary expenses, and arrears in child support for the two children of the marriage.

[2] Both parties to this appeal are self-represented. The appellant did not appear at the appeal hearing. The respondent appeared in person, accompanied by a support person.

[3] Prior to the appeal hearing, both parties were informed of the possible application of s. 48 of the Family Law Act, R.S.O. 1990, c. F.3 (the "FLA") to the matters at issue on this appeal. Section 48 provides: "An appeal lies from an order of the Ontario Court of Justice under this Part [Part III, Support] to the Superior Court of Justice."

[4] The order under appeal was made by a judge of the Ontario Court of Justice on the respondent mother's motion to change support, brought under ss. 37(1) and (2.1) of the FLA.

[5] We are satisfied that s. 48 of the FLA applies to this case. Accordingly, this court lacks jurisdiction to hear this appeal, which properly lies to the Superior Court of Justice.

[6] The appeal, therefore, is quashed. The respondent is entitled to costs of this appeal, fixed in the requested amount of $1,500, inclusive of disbursements and all applicable taxes.

E.A. Cronk J.A.

Grant Huscroft J.A.

I.V.B. Nordheimer J.A.