DATE: 20050512

DOCKET: C39211

COURT OF APPEAL FOR ONTARIO

RE:

Danny Zomparelli (Applicant/Respondent) – and – Rose Zomparelli (Respondent/Appellant) – and – Maria and Americo Zomparelli (Proposed Third Party/Respondents)

BEFORE:

McMurtry C.J.O., Doherty and LaForme JJ.A.

COUNSEL:

D. Huclack and K. Janczaruk for the appellant

D. Silverman for the respondent

Martha Heder for the Office of the Children’s Lawyer

HEARD & ENDORSED:

May 12, 2005

On appeal from the judgment of The Honourable Madam Justice Olah of the Superior Court of Justice dated October 30, 2003.

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

[1] In our view, Olah J. properly exercised her discretion in ordering that the claims involving the parents should not be joined in the Family Law action. The appeal is therefore dismissed without costs.