Court File and Parties

Citation: Dyce v. Dyce, 2008 ONCA 128

Date: 2008-02-21

Docket: C45045

Court of Appeal for Ontario

Before: MacPherson, Lang and MacFarland JJ.A.

Between:

Wayne Dyce Applicant (Appellant)

and

Merle Dyce Respondent (Respondent)

Counsel: Wayne Dyce, in person Kimberly J. Wilmot, for the respondent

Heard: February 15, 2008

On appeal from the judgment of Justice R.J. Abbey of the Superior Court of Justice dated February 21, 2006.

Appeal Book Endorsement

[1] The appellant, Wayne Dyce, appeals the judgment of Abbey J. dated 21 February 2006 in a contested family law matter.

[2] The appellant contends that the trial judge improperly restricted his right to examine the respondent after he called her as a witness. We disagree. If anything, the trial judge was generous to the appellant, who was representing himself, throughout the trial. He gave him wide scope to present his case and provided appropriate assistance about procedure to a self-represented litigant.

[3] The appellant submits that the Minutes of Settlement should be set aside because they were coerced. This issue was not before the trial judge and therefore is not a proper ground of appeal.

[4] The appellant submits that the trial judge’s order granting custody of the parties’ child to the respondent was made in error because the parties’ ability to communicate effectively about the child suggested a joint custody order was appropriate. We disagree. The record overwhelmingly supports the trial judge’s custody disposition.

[5] The appellant contends that the trial judge improperly adjourned the trial. We disagree. This is a discretionary matter and we can see no basis for criticizing the trial judge’s decision.

[6] Costs to the respondent fixed at $20,000 inclusive of disbursements and GST.