Court of Appeal for Ontario

Ballentine v. Ballentine

Date: 2000-07-31

Harold H. Elliot, Q.C., for the respondent;

Richard B. Ballentine, on his own behalf.

(C32786)

[1] By the Court: The appellant argues that either his counsel at trial failed to put certain evidence to the court or the trial judge failed to apprehend such evidence. That evidence concerned the appellant's ability to pay. If the first of these alternatives is true, then the remedy, if there is one, is not in the courts, but against his lawyer. Insofar as the second alternative is concerned, there is nothing in the record or the reasons of the trial judge to call into question the manner in which he considered the evidence or the conclusions he reached concerning that evidence. There is nothing in his reasons, fairly read, to suggest that the trial judge was biased. The appeal is dismissed with costs.

Appeal dismissed.