COURT OF APPEAL FOR ONTARIO
RE:
AMARJIT SINGH TOOR (Petitioner/Respondent) – and – BALWINDER KAUR A.K.A. BALWINDER KAUR TOOR (Respondent/Appellant)
BEFORE:
CARTHY, MACPHERSON and SIMMONS JJ.A.
COUNSEL:
Karan Singh Garewal
for the appellant
Ramesh Sangha
for the respondent
HEARD & ENDORSED:
August 25, 2003
On appeal from the judgment of Justice L. L. Snowie of the Superior Court of Justice dated February 13, 2002.
A P P E A L B O O K E N D O R S E M E N T
1The appellant contends that the trial judge did not have jurisdiction to grant a divorce judgment because the respondent was not resident in Ontario for one year immediately preceding the commencement of the proceeding: s. 3 of the Divorce Act.
2We disagree. The records supports the respondent’s assertion in his divorce petition that he was in compliance with this provision.
3The appeal is dismissed with costs fixed at $500 in light of the appellant’s difficult personal circumstances.
“J. J. Carthy J.A.”