DATE: 20040910

DOCKET: C41310

COURT OF APPEAL FOR ONTARIO

RE:

A. E. M. (Respondent) – and – J. E. M. (Appellant)

BEFORE:

MACPHERSON and CRONK JJ.A., and LANE J. (ad hoc)

COUNSEL:

J. E. M.

in person

John Johnston

for the respondent

HEARD AND ENDORSED:

September 3, 2004

On appeal from the judgment and order of Justice C. Robertson of the Superior Court of Justice dated April 11, 2003.

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

[1] We are not persuaded that any breach of natural justice occurred in the hearing before Robertson J. that resulted in the current restraining order against the appellant. The appellant was permitted to give vive voce evidence before Robertson J., the application that was served upon him clearly indicated the need to file a formal answer to the respondent’s application and the applications judge reviewed the materials previously filed by the appellant in opposition to the restraining order. We also note that the appellant is free, on the delivery of proper materials, to apply to the Superior Court of Justice for an order varying the restraining order including, in particular, those aspects of the order that he says prevent him from attending school events involving his children.

[2] Accordingly, the appeal is dismissed with costs of the appeal awarded to the respondent, on the partial indemnity scale, in the amount of $1,500 inclusive of disbursements and Goods and Services Tax.