DATE: 20030321

DOCKET: C36949

COURT OF APPEAL FOR ONTARIO

RE: MARLENE JOHNSON (Appellant) – and PIERRE CLEROUX (Respondent)

BEFORE: ROSENBERG, FELDMAN and GILLESE JJ.A.

COUNSEL:

H. Hunter Philips for the appellant

Katherine L. Shadbolt for the respondent

HEARD: February 25, 2002

On appeal from the order of Justice Roydon J. Kealey of the Superior Court of Justice dated August 21, 2001.

E N D O R S E M E N T

[1] By order of this court dated March 13, 2002, the appellant mother was permitted to move to Oakville with her daughter, Sydney.

[2] At the time of the decision, the respondent father was working and living in Ottawa. After the court released its decision in this matter, the father changed his work and residence so that he could live in Oakville, near Sydney, for a part of each month.

[3] The appellant and respondent agreed to vary the respondent’s parenting time to reflect these changes.

[4] The appellant’s counsel prepared an order that incorporated the court’s decision and the parties’ subsequent agreement about the father’s access. Because the terms of the consent order differ from those specified by this court, the Registrar could not accept or issue the order.

[1] In the circumstances, the court is satisfied that the order should issue and hereby directs the Registrar, upon receipt of an order approved as to form and content, to accept and issue the order.

[2] For the sake of clarity, we wish to add that if any further proceedings arise in relation to this matter, they are to take place in the Superior Court of Justice.

“M. Rosenberg J.A.”

“K. Feldman J.A.”

“E.E. Gillese J.A.”