COURT OF APPEAL FOR ONTARIO
RE:
SYLVIE CHARRON (Applicant/Respondent) –and– LORNE PENNYCOOK (Respondent/Appellant)
BEFORE:
LASKIN, MACFARLAND AND LAFORME JJ.A.
COUNSEL:
Carol A. Cochrane
for the appellant
Sylvie Charron
In person
HEARD & ENDORSED:
April 11, 2006
On appeal from the order of Justice Lynn Leitch of the Superior Court of Justice, dated August 5, 2005 made at Ottawa, Ontario.
A P P E A L B O O K E N D O R S E M E N T
1The motion judge’s order is a discretionary order and is entitled to deference from an appellate court.
2There was ample evidence on the record to support the order. This evidence included the record of animosity between the parties, the sampling of the appellant’s e-mails, and the adverse effect of the parties’ conduct on the children.
3The motion judge made the order she did in the children’s best interests. We see no basis to interfere with that order, including the order for costs.
4Accordingly, the appeal is dismissed. It is therefore unnecessary to consider the cross-appeal. In the circumstances, we award costs of $1,000 to Ms. Charron in respect of the appeal and the cross-appeal.