Court File and Parties

CITATION: Rospendek v. Rzyskiewicz, 2007 ONCA 352

DATE: 20070509

DOCKET: C45138

COURT OF APPEAL FOR ONTARIO

MCMURTRY C.J.O., JURIANSZ and ROULEAU JJ.A.

BETWEEN:

JOANNA ROSPENDEK

Applicant (Appellant in Appeal)

and

TOMASZ RZYSKIEWICZ

Respondent (Respondent in Appeal)

Counsel:

Ken Nathens for the appellant

Morris A. Singer for respondent

Heard and released orally: May 4, 2007

On appeal from the judgment of Justice Seppi of the Superior Court of Justice dated March 14, 2006.

ENDORSEMENT

[1] We are not persuaded there is any basis for interfering with the decision of the trial judge awarding custody to the respondent. The trial judge provided carefully considered reasons for the difficult decision she had to make. As her reasons make clear, she was focused on the child's best interest throughout.

[2] On our reading, the trial judge ordered the respondent to pay the appellant’s airfare to exercise access commencing at the date of the decision and the airfare of the child after June 2007. As the trial judge noted, given the mother's limited means, the father will need to pay for her airfare to facilitate access to the child.

[3] Therefore this appeal is dismissed with costs fixed in the amount of $4,000 inclusive of disbursements and GST.

“R.R. McMurtry C.J.O.”

“R. Juriansz J.A.”

“Paul Rouleau J.A.”