COURT OF APPEAL FOR ONTARIO

DATE: 20061208

DOCKET: C45435

RE: DORY BETH ABOSH (Respondent (Applicant – Wife)) – and – DALTON ANTHONY WHITE (Appellant (Respondent – Husband))

BEFORE: WEILER, GOUDGE AND SIMMONS JJ.A.

COUNSEL: Dalton White in person

Lauren Israel for the respondent

HEARD & ENDORSED: December 7, 2006

On appeal from the order of Justice Peter G. Jarvis of the Superior Court of Justice dated May 2, 2006.

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

[1] At the outset of this appeal the appellant sought an adjournment to adduce fresh evidence. The adjournment request was refused as the proposed evidence does not meet the test for admissibility of fresh evidence.

[2] The motion judge held there was no basis for staying the order dated April 13, 2006 in the absence of a motion to set aside that order. We agree.

[3] Further in our view, the motion judge was entitled to make the order for exclusive possession and the limited order dispensing with the appellant's signature in order to facilitate implementation of the April 13, 2006 order.

[4] We see no error in the motion judge's exercise of discretion in relation to costs.

[5] The appeal is therefore dismissed.

[6] Costs of the appeal are to the respondent in the amount of $5000.00 on a partial indemnity basis inclusive of disbursements and G.S.T.