DATE: 20061017

DOCKET: C45906

COURT OF APPEAL FOR ONTARIO

RE:

LINDA GUEVIN (Applicant/Appellant) – and – STEPHANE SCANTLAND (Respondent)

BEFORE:

WEILER, BLAIR and ROULEAU JJ.A.

COUNSEL:

Luc Barrick

for the appellant

Ross C. Stewart

for the respondent

HEARD & ENDORSED:

October 16, 2006

On appeal from the judgment of Justice Robert Pelletier of the Superior Court of Justice dated August 15, 2006.

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

[1] The parties agree that critical and further evidence respecting the best interests of the child, Jesse, needs to be presented which, regrettably, was not presented before Pelletier J. Accordingly, the appeal is allowed and a new trial on the issue of mobility is ordered on consent before Lalonde J. on November 17, 2006 in accordance with the settlement reached by the parties.