DATE: 20030826

DOCKET: C39706

COURT OF APPEAL FOR ONTARIO

RE:

AMARJIT SINGH TOOR (Petitioner/Respondent) – and – BALWINDER KAUR A.K.A. BALWINDER KAUR TOOR (Respondent/Appellant)

BEFORE:

CARTHY, MACPHERSON and SIMMONS JJ.A.

COUNSEL:

Karan Singh Garewal

for the appellant

Ramesh Sangha

for the respondent

HEARD & ENDORSED:

August 25, 2003

On appeal from the judgment of Justice L. L. Snowie of the Superior Court of Justice dated February 13, 2002.

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

[1] The appellant contends that the trial judge did not have jurisdiction to grant a divorce judgment because the respondent was not resident in Ontario for one year immediately preceding the commencement of the proceeding: s. 3 of the Divorce Act.

[2] We disagree. The records supports the respondent’s assertion in his divorce petition that he was in compliance with this provision.

[3] The appeal is dismissed with costs fixed at $500 in light of the appellant’s difficult personal circumstances.

“J. J. Carthy J.A.”