COURT OF APPEAL FOR ONTARIO

DATE: 20040108

DOCKET: C40692

RE: Ryan Babchishin (Applicant/Appellant) – and – Sandra Nicholson (Respondent)

BEFORE: Doherty, MacPherson and Simmons JJ.A.

COUNSEL:

Katherine Cooligan for the appellant

Judith Seligy for the respondent

HEARD: January 6, 2004

On appeal from the final order of Justice Monique Metivier of the Superior Court dated August 29, 2003.

APPEAL BOOK ENDORSEMENT

[1] As we read the reasons, the application judge was not satisfied that there was a material change in circumstances warranting a change in the primary residence. The primary residence and joint custody had been agreed to by the parties and in the view of the application judge had enured to the benefit of the child. We see no basis upon which to interfere with the decision of the application judge.

[2] The application judge observed that Isaac (the child) is doing well, is happy and has bonded to both parents. The parents are to be commended for the result and their mutual determination to do what is best for Isaac. As Isaac gets older, school demands will increase. The application judge directed that the father’s parenting should be adjusted to reflect the school routine when Isaac started school in September 2003. The parents have done so successfully. We are confident that they can and will continue to make adjustments that will promote Isaac’s best interests and well being as he progresses in school. Appeal is dismissed. Costs to the respondent in the amount of $4,500.