Vynnyk v. Baisa
The appeal was dismissed because the trial judge's factual findings that justified the combined periodic and lump sum spousal support were supported by the evidence, there was no error in principle or material misapprehension of the evidence, and the award was not clearly wrong under the applicable appellate...
Source-derived case information.
- Citation
- 2008 ONCA 657
- Parties
- Appellant: Roman Vynnyk; Respondent: Ouliana Baisa
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 29 September 2008
- Procedural Posture
- Family / Appeal to Court of Appeal From Trial Court Order
- Outcome
- Appeal dismissed.
- Legal Topics
- Spousal Support, Child Support, Imputed Income, Appellate Review Standard
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Roman Vynnyk
Appellant
Ouliana Baisa
Respondent
Procedural Posture
Family / Appeal to Court of Appeal From Trial Court Order
Legal Issues
- 1 Whether the trial judge erred in awarding combined periodic and lump sum spousal support
- 2 Whether the trial judge overemphasized the wife's sacrifices and undervalued the husband's.
- 3 Whether the spousal award is punitive or excessive
Ratio Decidendi
The appeal was dismissed because the trial judge's factual findings that justified the combined periodic and lump sum spousal support were supported by the evidence, there was no error in principle or material misapprehension of the evidence, and the award was not clearly wrong under the applicable appellate standard in Hickey v. Hickey.
Court Disposition
Appeal dismissed.
Orders
- Appeal dismissed.
Full Case Text
Judgment text and source record
1 paragraphs
Vynnyk v. Baisa Collection Decisions of the Court of Appeal Date 2008-09-29 Neutral citation 2008 ONCA 657 Docket numbers C46757 Judges Laskin, John Ivan; Sharpe, Robert J.; Simmons, Janet M. Subject Family Decision Content CITATION: Vynnyk v. Baisa, 2008 ONCA 657 DATE: 20080929 DOCKET: C46757 COURT OF APPEAL FOR ONTARIO Laskin, Sharpe and Simmons JJ.A. BETWEEN: Roman Vynnyk Applicant (Appellant) and Ouliana Baisa Respondent (Respondent) James A. Hunter for the appellant Vynnyk Ouliana Baisa in person for the respondent Heard and endorsed: September 19, 2008 On appeal from the order of Justice Gloria Klowak of the Superior Court of Justice dated January 24, 2007. ENDORSEMENT [1] Following a two week trial, the trial judge ordered the husband to pay to the wife child support in the amount of $774.00 per month based on an imputed income of $87,000 per year; spousal support of $2,000 per month for a period of five years; and lump sum spousal support of $75,000.00. [2] On appeal to this court, the husband claims that in ordering combined periodic and lump sum spousal support the trial judge overemphasized the sacrifices made by the wife during the marriage, undervalued the sacrifices made by the husband, and awarded an amount that is both punitive to the husband and excessive. [3] We disagree. The trial judge found that the wife made extraordinary efforts to establish her husband in this country and to enable him to achieve educational and career success. These are findings of fact and we see no basis to interfere with them. The combined award of limited term periodic support and lump sum support was designed to enable the wife to achieve similar goals. [4] In Hickey v. Hickey, [1999] 2 S.C.R. 518, the Supreme Court of Canada indicated that appeal courts should not overturn support orders unless the reasons disclose an error in principle, a significant misapprehension of the evidence, or unless the award is clearly wrong. [5] The trial judge gave thorough reasons and fully considered all of the relevant legal principles. Although we view the spousal support award as generous, we are unable to identify any error in principle or material misapprehension of the evidence; nor can we say the award is clearly wrong. [6] The appeal is therefore dismissed. “John Laskin J.A.” “Robert J. Sharpe J.A.” “Janet Simmons J.A.”