Court File and Parties

CITATION: Gomes v. Carrubba-Gomes, 2025 ONSC 2035

DIVISIONAL COURT FILE NO.: 19/25 ML

DATE: 20250411

SUPERIOR COURT OF JUSTICE – ONTARIO DIVISIONAL COURT

RE: VICTOR GOMES, Appellant/Moving Party

AND: DANIELA MARIA CARRUBBA-GOMES, Respondent/Responding Party

BEFORE: Bale, Nakatsuru and Shore JJ.

COUNSEL: Aaron Franks and Rhea Kamin, for the Moving Party Shelly Kalra and Sanaz Golestani, for the Responding Party

HEARD: In-writing

ENDORSEMENT

[1] The motion for leave to appeal the decision of Diamond, J. dated December 12, 2024 is granted, on the sole issue of the motion judge’s failure to consider, analyze, and apply the Guidelines in determining the appropriate amount of temporary spousal support.

[2] To clarify, leave is not granted on the issues of misapprehension of evidence, findings of fact, failure to impute income to the Respondent, and determination of the Appellant’s income.

[3] The parties are to attend a case management conference to set a schedule for the exchange of their appeal material and to set a date for the hearing of the appeal.

[4] The decision of Justice Diamond is not stayed pending appeal.

[5] Costs in the sum of $5,000 are to be reserved to the panel hearing the motion.

“S.T. Bale J.”

“Nakatsuru J.”

“S. Shore J.”

Released: April 11, 2025