Superior Court of Justice – The Divisional Court
London Divisional Court File No. 1028 Date: 2000-10-17
Between: Henry Mascarenhas, Applicant (Appellant), — and — Dorothy Mascarenhas, Respondent (Respondent on Appeal).
Before: Justices J. Hector Soublière, Susan E. Lang and Colin D.A. McKinnon
Reasons for Judgment released on 17 October 2000
Statutes and Regulations Cited
Federal Child Support Guidelines, SOR/97-175, section 20.
Counsel
Denis E. Burns ......................................................................... counsel for the applicant (appellant)
For previous proceedings, see Mascarenhas v. Mascarenhas, 1999 14642, 44 R.F.L. (4th) 131, [1999] O.J. No. 37, 1999 CarswellOnt 12 (Ont. Fam. Ct.), per Justice Grant A. Campbell.
Judgment
The judgment of the court was delivered by:
[1] JUSTICE J.H. SOUBLIÈRE:— THE applicant (appellant), Henry Mascarenhas, APPEALS to the Divisional Court from the order of The Honourable Mr. Justice Campbell of the Ontario Court of Justice (General Division) Family Court dated 4 January 1999 made at London, Ontario.
[2] THE APPELLANT ASKS that the order be varied as follows:
That paragraph 3 of the order be varied by finding that the applicant’s income is $72,858.00 per annum (instead of $125,216.00 per annum).
That paragraph 5 of the order be varied to provide that the applicant pay support for the benefit of the children of the marriage, Shalini Mascarenhas born on 11 September 1979 and Christopher Mascarenhas, born 23 January 1981, in the amount of $957.00 per month (instead of $989.00 per month).
[3] The appeal is dismissed. We agree with the result reached by the trial judge, although we should not be taken as agreeing or disagreeing with the restrictive interpretation he gives to section 20 at page 9 of his reasons.
[4] His decision was justified on the basis of the evidence tendered and we would not interfere with the exercise of his discretion in calculating the app’s income. Costs to the resp fixed at $2,000.