CITATION: Robertson v. Robertson, 2008 ONCA 482
DATE: 20080617
DOCKET: C46612
COURT OF APPEAL FOR ONTARIO
BORINS, MACPHERSON and GILLESE JJ.A.
BETWEEN:
JOHN ANTHONY ROBERTSON
Applicant (Appellant)
and
SHARON JUDITH ROBERTSON
Respondent (Respondent in Appeal)
D. John Kirby for the appellant
Barry Tobin for the respondent
Heard: June 13, 2008
On appeal from the judgment of Justice Joseph M.W. Donohue of the Superior Court of Justice dated December 21, 2006.
APPEAL BOOK ENDORSEMENT
[1] In our view, the trial judge took into account all the proper factors in exercising his discretion in refusing to grant the adjournment. The appellant has failed to provide the court with any evidence of what his defence would have been had he obtained the adjournment.
[2] We would dismiss the appeal with costs of $5,000 including disbursements and G.S.T.