Court of Appeal for Ontario

Date: October 22, 2019 Docket: C66894 Panel: MacPherson, Pepall and Lauwers JJ.A.

Between

Liz Michelle Arrocha Applicant (Respondent)

and

Paul Harrison Respondent (Appellant)

Counsel

Paul Harrison, appearing in person

Irving I. Frisch, for the respondent, Liz Michelle Arrocha

Carol J. Smith, for the respondent, City of Toronto

Heard

October 21, 2019

On Appeal

On appeal from the order of Justice Victor Paisley of the Superior Court of Justice, dated April 9, 2019.

Appeal Book Endorsement

[1] The appellant Paul Harrison appeals from the decision of Paisley J. of the Superior Court of Justice dismissing the appellant's second motion to change an order relating to support and arrears.

[2] In an appeal dealing with the appellant's first motion to change, this court said:

It is undisputed that the appellant has made no support payments. In addition, he has not paid any costs orders made at trial or on appeal. …

The motion judge found not only that the appellant has failed to pay any support and several outstanding costs orders, but also that he made no good faith attempt to do so. After noting the seriousness of the appellant's unyielding failure to comply with these outstanding orders, the motion judge invoked Rule 18(b) of the Family Law Rules to dismiss the motion to change.

[3] Nothing has changed since this decision. As Paisley J. correctly noted, it applies equally to the appellant's second change motion.

[4] In addition, we see no merit in the appellant's submission that the City of Toronto has no party status in this matter. That matter was also addressed by this court in the previous appeal:

[I]n the absence of any support payments, the assignee of those payments – the City of Toronto – maintains its party status to the extent of its financial interests.

[5] The appeal is dismissed. The respondents are entitled to their costs of the appeal fixed at $3,500 (the City) and $2,000 (Ms. Arrocha), enforceable through the Family Responsibility Office.