DATE: 20060222

DOCKET: C44035

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

[1] On 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.

[2] After the order of Snowie J., the husband moved quickly to have the settlement set aside after it was explained to him.

[3] There 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.

[4] The minutes of settlement cannot stand.

[5] We can see no prejudice to the wife in having the order set aside.

[6] The 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.

[7] Costs to the appellant fixed at $2,000.00