Court File and Parties

CITATION: Pronek v. Nikolaou, 2009 ONCA 785

DATE: 20091110

DOCKET: C49761

COURT OF APPEAL FOR ONTARIO

Simmons, Gillese and Lang JJ.A.

BETWEEN

Sonia Pronek

Applicant (Appellant)

and

Vasil Nikolaou

Respondent (Respondent)

Counsel: Avra Rosen, for the appellant Joel B. Kerr, for the respondent

Heard: in-writing

On appeal from the order of Justice John E. Sheppard of the Superior Court of Justice dated November 1, 2008.

Endorsement

[1] This is an in-writing appeal. The parties have delivered a joint factum in which they consent to a new trial.

[2] We are of the view that a new trial is necessary. In making his order disposing of custody, the trial judge did not properly address the best interests of the child in light of all the child’s circumstances. The trial judge did not give reasons for refusing the parties’ claim for a divorce. He also did not deal with the parties’ property claims or the appellants’ claim for spousal support to the date of separation. In addition, the disposition of the child support claim will depend on the custody result.

[3] Accordingly, the appeal is allowed, the judgment of November 12, 2008 is set aside and a new trial is ordered on all issues. In the circumstances, having regard to the best interests of the child, the court in Hamilton may wish to expedite the new trial.

“Janet Simmons J.A.”

“E.E. Gillese J.A.”

“S.E. Lang J.A.”