Court of Appeal for Ontario

Date: 2019-05-06 Docket: C66342

Judges: Doherty, Rouleau and Brown JJ.A.

Between

Robert John Stanley Applicant (Respondent in Appeal)

and

Adele Francine Marie Patrice Respondent (Appellant)

Counsel

Adele Patrice, in person

Ellie M. Cohen and David W. Cahill, for the respondent

Heard: May 3, 2019

On Appeal

On appeal from the summary judgment of Justice Marvin Kurz of the Superior Court of Justice, dated November 29, 2018.

Appeal Book Endorsement

[1] The appellant appeals the dismissal of her request for broad relief and the granting of child support to the respondent. She argues that the application judge was without jurisdiction and erred in his assessment of the parties' requests.

[2] We dismiss the appeal. The appellant appeared and sought relief from the application judge that went well beyond the terms of the separation agreement. The respondent sought a new order relating to child support on the basis that the separation agreement was spent. In our view, in these circumstances, we see no merit in her claim that the court to which they both sought relief is without jurisdiction. To the degree that there was any failure to comply with the rules, we would apply rule 1(8.1) of the Family Law Rules.

[3] As for the suggestion that the application judge committed any error in his findings on the merits, the appellant did have the reasons of the judge on these aspects of the application transcribed. As a result, we are not in a position to find that he erred in his assessment of the merits.

[4] For these reasons, the appeal is dismissed.

[5] Costs to the respondents fixed at $7,500 inclusive of disbursements and relevant taxes.