Court File and Parties

CITATION: Salimi v. Torfehnejad, 2008 ONCA 583

DATE: 20080818

DOCKET: C46392

COURT OF APPEAL FOR ONTARIO

ROSENBERG, GILLESE and BLAIR JJ.A.

BETWEEN:

PARISA SALIMI

Respondent/Appellant

and

FARZAD TORFEHNEJAD

Applicant/Respondent

Counsel: Dipo Ola for the appellant Charles C. Mark, Q.C. for the respondent

Heard and released orally: August 14, 2008

On appeal from the order of Justice Susan Greer of the Superior Court of Justice dated November 17, 2006.

ENDORSEMENT

[1] Following a lengthy trial, the trial judge held that the marriage should be annulled.

[2] We agree with the reasons of the trial judge and in particular with her analysis of the law that applied in this particular case based on the evidence that was before here concerning the law of Iran.

[3] Notwithstanding Mr. Ola’s careful review of the evidence, we have not been persuaded that the trial judge made any palpable and overriding errors in her findings of fact. Much of the appellant’s argument was based on the testimony of the appellant. However, the trial judge disbelieved the appellant and accepted the respondent’s evidence. The trial judge had the advantage, which we do not have, of having seen and heard all the witnesses and we are satisfied that she properly dealt with the credibility issues.

[4] Accordingly the appeal is dismissed with costs fixed at $5,000 inclusive of G.S.T. and disbursements.

Signed: “M. Rosenberg J.A.” “E.E. Gillese J.A.” “R. A. Blair J.A.”