COURT OF APPEAL FOR ONTARIO
RE:
ALLAN MARK EINSTOSS (Petitioner/Respondent) –and– DAWN BETH STARKMAN (Respondent/Appellant)
BEFORE:
LABROSSE, ABELLA and CRONK JJ.A.
COUNSEL:
Zahava Day
for the respondent/appellant
Lisa Baumal
for the petitioner/respondent
HEARD AND ENDORSED:
September 2, 2003
On appeal from the judgment of Justice Harry S. LaForme dated December 16, 2002.
A P P E A L B O O K E N D O R S E M E N T
1We see no basis to interfere with the finding of contempt given that it was essentially based on the credibility of the parties.
2The trial judge expressly fashioned the sanction in the best interest of the child and it addressed the root problem of the continuous acts of contempt, namely the numerous access exchanges.
3The costs order for the 2½ day trial is justified.
4The appeal is dismissed with costs, fixed at $1,000.
