Holloway v. Holloway
The trial judge properly addressed the accounting issues and correctly concluded that the respondent owed the appellant $9,764.30; there was no error in the costs award and the appellant received a fair trial, therefore the appeal is dismissed.
Source-derived case information.
- Citation
- 2014 ONCA 148
- Parties
- Appellant: Judith Elizabeth Holloway; Respondent: Trevor Wilson Holloway
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 27 February 2014
- Procedural Posture
- Family Law Appeal / Appeal to Court of Appeal From Trial Judgment Dated July 3, 2012
- Outcome
- Appeal dismissed
- Legal Topics
- Equalization of Net Family Property, Accounting of Debits and Credits Between Spouses, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Judith Elizabeth Holloway
Appellant
Trevor Wilson Holloway
Respondent
Procedural Posture
Family Law Appeal / Appeal to Court of Appeal From Trial Judgment Dated July 3, 2012
Legal Issues
- 1 Whether the trial judge erred in the equalization of the parties' net family property
- 2 Whether the trial judge erred in accounting for debits and credits between the parties
- 3 Whether the trial judge's costs award was improper
Ratio Decidendi
The trial judge properly addressed the accounting issues and correctly concluded that the respondent owed the appellant $9,764.30; there was no error in the costs award and the appellant received a fair trial, therefore the appeal is dismissed.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed
- Costs awarded to respondent in the amount of $5,000 inclusive
Full Case Text
Judgment text and source record
1 paragraphs
Holloway v. Holloway Collection Decisions of the Court of Appeal Date 2014-02-27 Neutral citation 2014 ONCA 148 Docket numbers C55804 Judges Laskin, John Ivan; Epstein, Gloria Jean; Pardu, Gladys I. Subject Family Decision Content COURT OF APPEAL FOR ONTARIO CITATION: Holloway v. Holloway, 2014 ONCA 148 DATE: 20140225 DOCKET: C55804 Laskin, Epstein and Pardu JJ.A. BETWEEN Judith Elizabeth Holloway Appellant and Trevor Wilson Holloway Respondent Judith Holloway, acting in person David O’Neill, for the respondent Heard: February 21, 2014 On appeal from the judgment of Justice D. Roger Timms of the Superior Court of Justice, dated July 3, 2012. APPEAL BOOK ENDORSEMENT [1] The main issues at trial were the equalization of the parties’ net family property, and the accounting of debits and credits between the parties. The trial judge thoroughly examined these accounting issues. He concluded that Mr. Holloway owed Mrs. Holloway a payment of $9,764.30. We see no error in that award. Moreover, we are satisfied that Mrs. Holloway received a fair trial. [2] Finally, we see no error in the trial judge’s costs award. [3] The appeal is dismissed with costs of $5,000 all in.