Philip v. Philip

Philip v. Philip

The Court found no error in the trial judge's construction of the 1994 consent judgment or in his accounting assessment, admitted fresh evidence showing the calculation was short by $280/month, ordered the respondent's support increased by $280/month retroactive to January 1, 2008, and dismissed the appeal in all...

Source-derived case information.

Citation
2008 ONCA 152
Parties
Applicant (respondent in Appeal): George Philip; Respondent (appellant in Appeal): Leelamma Philip
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
29 February 2008
Procedural Posture
Family Law / Court of Appeal Appeal From Superior Court of Justice
Outcome
Appeal dismissed except that the order below is varied to increase support by $280 per month retroactive to January 1, 2008.
Legal Topics
Variation of Support, Consent Judgment Interpretation, Retroactivity of Support, Admission of Fresh Evidence, Assessment of Accounting Evidence
Source Language
english
Family Law Spousal Support Pensions and Benefits Variation of Support Consent Judgment Interpretation Retroactivity of Support Admission of Fresh Evidence Assessment of Accounting Evidence

Source-derived case record

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Parties

George Philip

Applicant (respondent in Appeal)

Leelamma Philip

Respondent (appellant in Appeal)

Procedural Posture

Family Law / Court of Appeal Appeal From Superior Court of Justice

Legal Issues

  1. 1 Whether the trial judge erred in construction of the 1994 consent judgment
  2. 2 Whether the trial judge erred in assessment of accounting evidence
  3. 3 Whether the calculation of the appellant's entitlement to CPP and OAS was correct

Ratio Decidendi

The Court found no error in the trial judge's construction of the 1994 consent judgment or in his accounting assessment, admitted fresh evidence showing the calculation was short by $280/month, ordered the respondent's support increased by $280/month retroactive to January 1, 2008, and dismissed the appeal in all other respects.

Court Disposition

Appeal dismissed except that the order below is varied to increase support by $280 per month retroactive to January 1, 2008.

Orders

  • Increase support payments by $280 per month retroactive to January 1, 2008
  • Appeal dismissed in all other respects