DATE: 20030903

DOCKET: C39379

COURT OF APPEAL FOR ONTARIO

RE:

ALLAN MARK EINSTOSS (Petitioner/Respondent) –and– DAWN BETH STARKMAN (Respondent/Appellant)

BEFORE:

LABROSSE, ABELLA and CRONK JJ.A.

COUNSEL:

Zahava Day

for the respondent/appellant

Lisa Baumal

for the petitioner/respondent

HEARD AND ENDORSED:

September 2, 2003

On appeal from the judgment of Justice Harry S. LaForme dated December 16, 2002.

A P P E A L B O O K E N D O R S E M E N T

[1] We see no basis to interfere with the finding of contempt given that it was essentially based on the credibility of the parties.

[2] The trial judge expressly fashioned the sanction in the best interest of the child and it addressed the root problem of the continuous acts of contempt, namely the numerous access exchanges.

[3] The costs order for the 2½ day trial is justified.

[4] The appeal is dismissed with costs, fixed at $1,000.