COURT FILE NO.: DC0608139900

DATE: September 19, 2007

ONTARIO

SUPERIOR COURT OF JUSTICE

DIVISIONAL COURT

LANE, McCOMB, SEDGWICK, J.J.

B E T W E E N:

SIMON TIMOTHY WHITE

CATHERINE DIANN WHITE

SELF REPRESENTED

Plaintiff/Respondent

• and -

DIRECTOR, FAMILY RESPONSIBILITY OFFICE

M. ALCHUK

for the Defendant/Appellant

Defendant/Appellant

Heard at Newmarket: September 12, 2007

ENDORSEMENT

CUNNINGHAM, J.

[1] In his order of September 13, 2006, paragraph 2, Justice Perkins ordered FRO to pay the Respondent mother $801.01 of arrears.

[2] It was further ordered that the Respondent father not be responsible for them.

[3] It is the position of FRO that paragraph 2 of the order of Perkins, J. is ultra vires the jurisdiction of the Superior Court and ought to be set aside.

[4] Apparently, FRO did not have available at the hearing before Perkins, J. its computer printout, due to a computer malfunctioning that day.

[5] In the absence of an identified overpayment by the payor, there is no basis for ordering FRO to pay the arrears to the Respondent mother.

[6] Accordingly, paragraph 2 of the order of Perkins, J. must be set aside.

[7] The appeal is allowed.

CUNNINGHAM, J.

MEEHAN, J.

HILL, J.

Released: September 12, 2007