COURT OF APPEAL FOR ONTARIO
RE: DORY BETH ABOSH (Respondent (Applicant – Wife)) – and – DALTON ANTHONY WHITE (Appellant (Respondent – Husband))
BEFORE: WEILER, GOUDGE AND SIMMONS JJ.A.
COUNSEL: Dalton White in person
Lauren Israel for the respondent
HEARD & ENDORSED: December 7, 2006
On appeal from the order of Justice Peter G. Jarvis of the Superior Court of Justice dated May 2, 2006.
A P P E A L B O O K E N D O R S E M E N T
1At the outset of this appeal the appellant sought an adjournment to adduce fresh evidence. The adjournment request was refused as the proposed evidence does not meet the test for admissibility of fresh evidence.
2The motion judge held there was no basis for staying the order dated April 13, 2006 in the absence of a motion to set aside that order. We agree.
3Further in our view, the motion judge was entitled to make the order for exclusive possession and the limited order dispensing with the appellant's signature in order to facilitate implementation of the April 13, 2006 order.
4We see no error in the motion judge's exercise of discretion in relation to costs.
5The appeal is therefore dismissed.
6Costs of the appeal are to the respondent in the amount of $5000.00 on a partial indemnity basis inclusive of disbursements and G.S.T.