Court of Appeal for Ontario

Citation: D'Souza v. D'Souza, 2008 ONCA 19

Date: 2008-01-14

Docket: C47057

Between:

Ginette Christine D’Souza Respondent (Applicant)

and

Edward Henry D’Souza Appellant (Respondent)

Before: Doherty, Borins and MacFarland JJ.A.

Counsel:

No one appearing for the appellant

Christopher Haber for the respondent

Heard: January 10, 2008

On appeal from the judgment of Justice Clarke of the Superior Court of Justice dated April 4, 2007.

Appeal Book Endorsement

[1] It is now 11:35 a.m. Counsel for the appellant has been removed from the record on December 12, 2007. The appellant is not here. Counsel for the respondent has advised that the appellant left for India in October and has apparently not returned. There is an outstanding warrant for the arrest of the appellant. In the circumstances, we think it is appropriate to dismiss the appeal as abandoned. So ordered. The respondent is entitled to her costs on a substantial indemnity basis for these proceedings. Costs fixed at $20,335.62, inclusive of GST and disbursements.