COURT FILE NO.: FS-21-83
DATE: 20220117
SUPERIOR COURT OF JUSTICE – ONTARIO
RE: ANGHAM ALI v. HAIDAR MOHAMMAD
BEFORE: Van Melle J.
COUNSEL: FRANCES M. WOOD, for the Appellant
HAIDAR MOHAMMAD, in person
NATALIE SIMPSON, for the Region of Peel
HEARD: January 17, 2022
E N D O R S E M E N T
Appeal from the Order of Justice Khemani dated August 23, 2021.
[1] In October, 2020 the parties were able to resolve the Motion to Change commenced by the Respondent. While arrears under the original order were fixed, repayment of the arrears was left to a later date. When the appellant tried to arrange a case conference (by way of 14b motion) to deal with the arrears, Justice Khemani misunderstood what was being requested and dismissed the request for a case conference. The appellant then appealed the dismissal and today sought an order compelling the fixing of a case conference.
[2] At today’s hearing, I advised the respondent that based on the materials before me, I would be granting the appeal. I agree with the appellant that Justice Khemani misunderstood what was being asked for. Without a case conference a motion to determine a way to repay the arrears could not be arranged.
[3] I advised the respondent that repayment of the arrears was inevitable and that it would save everyone time and money if we could agree today on the repayment. The respondent said that he could pay $500 per month toward the arrears. This was acceptable to the appellant and to the Region of Peel.
[4] The appellant is entitled to her costs as the respondent should have agreed to a repayment schedule without the need for this appeal. She asks for $2,401.25. I have reviewed the Bill of Costs and am awarding costs of $2,000.00 all inclusive.
[5] The following order will issue:
On consent the respondent will pay $500 per month commencing February 1, 2022 towards the arrears as set out in the October 22, 2020 order.
The respondent will pay the applicant costs of $2,000 enforceable as support by the FRO.
Paragraph 3.0(a) of the October 22, 2020 order shall be amended, nunc pro tunc, to read: Out of the total arrears owed to the Applicant, the arrears owed to the Regional Municipality of Peel are fixed at $16,318.75 for the period of September 1, 2006 to March 31, 2008 as of January 27, 2020.
[6] The respondent’s approval of the order as to form and content is dispensed with.
Van Melle, J.
DATE: January 17, 2022
COURT FILE NO.: FS-21-83
DATE: 20220117
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: ANGHAM ALI
AND
HAIDAR MOHAMMAD
COUNSEL: FRANCES M. WOOD, for the Appellant
HAIDAR MOHAMMAD, in person
NATALIE SIMPSON, for the Region of Peel
ENDORSEMENT
Van Melle J.
DATE: January 17, 2022