DATE: 20060518

DOCKET: C43193

COURT OF APPEAL FOR ONTARIO

RE:

CHRISTINE ADELE CIANCIUSI (Plaintiff/Respondent) –and- DOMINIC GABRIEL CIANCIUSI (Defendant/Appellant)

BEFORE:

LABROSSE, MOLDAVER AND FELDMAN JJ.A.

COUNSEL:

Dominic Gabriel Cianciusi

in person

Jean P. Carberry

for the respondent

HEARD & ENDORSED:

May 18, 2006

On appeal from the order of Justice John F. McGarry of the Superior Court of Justice dated February 16, 2005 made at Brampton, Ontario.

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

[1] There was an oversight made with respect to access that was agreed to by the parties. The order of McGarry J. is amended to provide access to the father, one night per week to be determined by the parties.

[2] We see no error in the decision of the trial judge. In all other respects the appeal is dismissed. Costs fixed at $5,560.07