COURT OF APPEAL FOR ONTARIO
RE:
ARTI JOSHI (Respondent) –and- PARMOD JOSHI (Appellant)
BEFORE:
LABROSSE, BLAIR AND ROULEAU JJ.A.
COUNSEL:
Jennifer Greenwood
for the appellant
Morris Singer
for the respondent
HEARD & ENDORSED:
February 22, 2006
On appeal from the judgment of Justice Deena F. Baltman of the Superior Court of Justice dated July 21, 2005 made at Brampton Ontario.
A P P E A L B O O K E N D O R S E M E N T
1On the evidence, the husband is unsophisticated, on a disability pension, and his English is very poor. Except on the case conference in this case, he always had a translator with him. On his evidence, he was told by his former lawyer that the case conference would be adjourned. However, the matter proceeded without a translator. He also deposed that he did not understand the minutes of settlement.
2After the order of Snowie J., the husband moved quickly to have the settlement set aside after it was explained to him.
3There were no up-to-date financial statements of the parties when the order was made. There are numerous allegations of failure to disclose on the part of the wife that have not been answered. In addition, there is an issue of support, the right to which was released by the husband in the separation agreement.
4The minutes of settlement cannot stand.
5We can see no prejudice to the wife in having the order set aside.
6The orders of Baltman J. dated July 21, 2005 and the order of Snowie J. dated November 10, 2004 incorporating the minutes of settlement, are set aside and the matter is referred back to the Superior Court.
7Costs to the appellant fixed at $2,000.00