Ontario civil | Appeal
STAY PENDING APPEAL
Reason to doubt whether appellant could be required to secure support obligation that no longer existed
Parties were married 19 years and had five children. Appellant lost employment. Ongoing child and spousal support payable by appellant were suspended. Appellant was required to reinstate life insurance of $400,000 naming respondent as beneficiary. Arrears of support were fixed at $56,253. In event appellant took position appellant could not afford premiums because appellant could not work, appellant was to attend medical examination arranged by respondent. Leave to appeal was granted. Decision was open to serious debate. There was reason to doubt correctness of order. There was reason to doubt whether appellant could be required to secure support obligation that no longer existed. There was basis to doubt correctness of requirement appellant travel to Ontario to attend medical examination. Orders were stayed pending appeal given there was serious issue to be tried and irreparable harm to appellant.
Feinstat v. Feinstat (Aug. 19, 2011, Ont. S.C.J., Gilmore J., File No. DC-11-00331-ML) 206 A.C.W.S. (3d) 459 (7 pp.).
Reason to doubt whether appellant could be required to secure support obligation that no longer existed
Parties were married 19 years and had five children. Appellant lost employment. Ongoing child and spousal support payable by appellant were suspended. Appellant was required to reinstate life insurance of $400,000 naming respondent as beneficiary. Arrears of support were fixed at $56,253. In event appellant took position appellant could not afford premiums because appellant could not work, appellant was to attend medical examination arranged by respondent. Leave to appeal was granted. Decision was open to serious debate. There was reason to doubt correctness of order. There was reason to doubt whether appellant could be required to secure support obligation that no longer existed. There was basis to doubt correctness of requirement appellant travel to Ontario to attend medical examination. Orders were stayed pending appeal given there was serious issue to be tried and irreparable harm to appellant.
Feinstat v. Feinstat (Aug. 19, 2011, Ont. S.C.J., Gilmore J., File No. DC-11-00331-ML) 206 A.C.W.S. (3d) 459 (7 pp.).
