DATE: 20060412

DOCKET: C44113

COURT OF APPEAL FOR ONTARIO

RE:

SYLVIE CHARRON (Applicant/Respondent) –and– LORNE PENNYCOOK (Respondent/Appellant)

BEFORE:

LASKIN, MACFARLAND AND LAFORME JJ.A.

COUNSEL:

Carol A. Cochrane

for the appellant

Sylvie Charron

In person

HEARD & ENDORSED:

April 11, 2006

On appeal from the order of Justice Lynn Leitch of the Superior Court of Justice, dated August 5, 2005 made at Ottawa, Ontario.

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

[1] The motion judge’s order is a discretionary order and is entitled to deference from an appellate court.

[2] There was ample evidence on the record to support the order. This evidence included the record of animosity between the parties, the sampling of the appellant’s e-mails, and the adverse effect of the parties’ conduct on the children.

[3] The motion judge made the order she did in the children’s best interests. We see no basis to interfere with that order, including the order for costs.

[4] Accordingly, the appeal is dismissed. It is therefore unnecessary to consider the cross-appeal. In the circumstances, we award costs of $1,000 to Ms. Charron in respect of the appeal and the cross-appeal.