Court File and Parties

Court of Appeal for Ontario Date: 2024-05-03 Docket: COA-23-CV-0072

Before: Roberts, Trotter and George JJ.A.

Between: Rana Alsous Applicant (Appellant)

And: Elias Shahin Respondent (Respondent)

Counsel: Sam Garcea, for the appellant Kenneth Wise, for the respondent

Heard and released orally: May 2, 2024

On appeal from the judgment of Justice Cheryl Lafrenière of the Superior Court of Justice, dated December 14, 2022.

Reasons for Decision

[1] The appellant appeals the trial judge’s determination that the parties’ date of separation was in 2019 rather than, as the appellant urges, in 2011.

[2] The appellant submits that the trial judge erred in her weighing of the evidence and her credibility findings. Specifically, she points to the trial judge’s treatment of the following pieces of evidence: 1) the indication of the parties’ marital status in their income tax returns that they are single or separated; 2) the respondent’s representation of his residence in his income tax returns and in his police statements that differs from the appellant’s evidence on residence; 3) the appellant’s evidence of domestic violence.

[3] The appellant submits that the trial judge failed to give enough weight to these factors in preferring the respondent’s evidence over the appellant’s evidence.

[4] We are not persuaded that the trial judge made any reversible error.

[5] The appellant’s submissions amount essentially to a challenge of the trial judge’s credibility findings and findings of fact that are owed substantial deference on appeal, absent reversible error which we do not see here. The trial judge explained how and why she reached her findings of fact and credibility, including with respect to the particular pieces of evidence raised by the appellant, and those findings were supported by the record. We see no basis to intervene.

[6] The appeal is dismissed.

[7] The respondent is entitled to his partial indemnity costs of the appeal. We agree that the amount of $20,000 is fair and reasonable. We order that the all-inclusive amount of $20,000, plus the amount of $42,180, ordered by the trial judge for the respondent’s trial costs, be paid immediately to the respondent from the sale proceeds of the Magnificent Way property that are currently held in trust.

“L.B. Roberts J.A.”

“Gary Trotter J.A.”

“J. George J.A.”