DATE: 20011029 DOCKET: M27824 (C37068)

COURT OF APPEAL FOR ONTARIO

RE:

MARDI MCKERROW (Applicant/Appellant in Appeal) v. IAN MCKERROW (Respondent/Respondent in Appeal)

BEFORE:

McMURTRY C.J.O (In Chambers)

COUNSEL:

Robert O’Brien and Frances Gregory

For the appellant

Nathalie Boutet

For the respondent

HEARD:

OCTOBER 26, 2001

E N D O R S E M E N T

[1] I am satisfied that the appellant has an arguable appeal and that in all of the circumstances the principle of balance of convenience and the issue of irreparable harm favour the applicant appellant. It is therefore ordered that the order of Justice Weagant made September 10, 2001 and the Order of Justice Low made October 1, 2001 be stayed until the appeals of their orders can be heard by this court.

[2] It is further ordered that neither party shall remove the child of the marriage, Devian Beau Raven McKerrow from Ontario pending the hearing of the appeal. The passport and birth certificate of the aforesaid child shall remain in the custody of the Registrar of this Court until the appeal is heard.

[3] It is further ordered that the preservation of the status quo as ordered by Justice Catzman on December 5 be maintained insofar as each party having physical custody of the child Devian during alternate weeks.

[4] The appeal is to be expedited and I may be spoken to with respect to any directions that may be required in relation to expedition of this appeal.

[5] The application on behalf of the Respondent for security for costs is dismissed.

[6] The costs of the motions before Catzman J.A. and myself shall be reserved to the panel hearing the appeal.

“R. Roy McMurtry C.J.O.”