Court of Appeal for Ontario
Before: Laskin, Feldman and Gillese JJ.A.
BETWEEN
Chamithra Arachchige
Applicant (Respondent)
and
Saman Arachchilage
Respondent (Appellant)
Counsel:
Saman Arachchilage, acting in person
Jennifer Gold, for the respondent
Shuah Roskies, for the Office of the Children’s Lawyer
Heard: January 14, 2010
On appeal from the order of Justice David Price of the Superior Court of Justice dated April 15, 2009.
APPEAL BOOK ENDORSEMENT
1Before us, the appellant has put forward several grounds why the consent order he signed on January 12, 2009 should be set aside. Each of these grounds was considered by Justice Price in his thorough reasons dismissing the appellant’s motion. We agree with Justice Price’s decision and with his reasons.
2Accordingly, the appeal is dismissed with costs fixed at $5,000, all inclusive.
3The sum of $12,000 presently being held in court under the order of Blair J.A. shall be paid out the solicitors for the respondent. This amount shall cover the costs of this appeal ($5,000), the costs of the order of Price J. ($3,000) and the other outstanding costs orders identified by Blair J.A. ($4,000).
4The respondent acknowledges that these payments effectively means that the appellant has satisfied all outstanding costs orders.