Court of Appeal for Ontario
BEFORE: Laskin, Cronk and Hoy JJ.A.
BETWEEN
Beatrice Duhot
Applicant (Respondent)
and
Jean-Jacques Duhot
Respondent (Appellant)
COUNSEL:
Robert N. Kostyniuk, Q.C., for the appellant
Georgina L. Carson and Vanessa Lam, for the respondent
HEARD: July 3, 2012
On appeal from the order of Justice Frances P. Kiteley of the Superior Court of Justice, dated March 5, 2012, and on a motion to quash the appeal.
APPEAL BOOK ENDORSEMENT
1The issue before Kiteley J. was whether paragraph 1 of the order of Backhouse J. dated June 10, 2011 was “temporary” of “final”. Kiteley concluded that the parties had consented to the jurisdiction of the Ontario court for all purposes and that Backhouse J.’s declaration of jurisdiction was a final order. We agree with the reasons of Kiteley J. and with her conclusion.
2Accordingly, the appeal is dismissed
3The appellant’s proposed fresh evidence does not assist him and the motion to introduce it is also dismissed.
4In the light of our disposition of the appeal, the motion to quash is unnecessary, and is dismissed as abandoned.
5Ms. Duhot is entitled to her costs of the appeal, including the costs of the motion before MacPherson J.A., which we fix on a partial indemnity scale in the amount of $20,000, inclusive of disbursements and applicable taxes.