ITATION: Moyer v. Kelemen, 2007 ONCA 16

DATE: 20070115

DOCKET: C45853

COURT OF APPEAL FOR ONTARIO

RE:

MICHELLE MOYER (Appellant) – and – SZABOLCS PETER KELEMEN (Respondent)

BEFORE:

BORINS, ARMSTRONG and LANG JJ.A.

COUNSEL:

Bohdan A. Shulakewych and

Catherine Hibberd

for the appellant

No one appearing

for the respondent

HEARD & ENDORSED:

January 12, 2007

On appeal from the judgment of Justice Alison Harvison Young of the Superior Court of Justice dated July 27, 2006.

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, the motion judge correctly found that the appellant had not satisfied the grounds for annulment of her marriage. This was a finding of fact and law that was available to the motion judge on the record before her. We agree with the motion judge that the appellant failed to overcome the significant presumption of the validity of her marriage. Accordingly, the appeal is dismissed. No costs.