Court File and Parties
COURT OF APPEAL FOR ONTARIO
MCMURTRY C.J.O., JURIANSZ and ROULEAU JJ.A.
BETWEEN:
JOANNA ROSPENDEK
Applicant (Appellant in Appeal)
and
TOMASZ RZYSKIEWICZ
Respondent (Respondent in Appeal)
Counsel:
Ken Nathens for the appellant
Morris A. Singer for respondent
Heard and released orally: May 4, 2007
On appeal from the judgment of Justice Seppi of the Superior Court of Justice dated March 14, 2006.
ENDORSEMENT
1We are not persuaded there is any basis for interfering with the decision of the trial judge awarding custody to the respondent. The trial judge provided carefully considered reasons for the difficult decision she had to make. As her reasons make clear, she was focused on the child's best interest throughout.
2On our reading, the trial judge ordered the respondent to pay the appellant’s airfare to exercise access commencing at the date of the decision and the airfare of the child after June 2007. As the trial judge noted, given the mother's limited means, the father will need to pay for her airfare to facilitate access to the child.
3Therefore this appeal is dismissed with costs fixed in the amount of $4,000 inclusive of disbursements and GST.
“R.R. McMurtry C.J.O.”
“R. Juriansz J.A.”
“Paul Rouleau J.A.”
