Court of Appeal for Ontario

CITATION: Arachchige v. Arachchilage, 2010 ONCA 28

DATE: 20100118

DOCKET: C50483

Before: Laskin, Feldman and Gillese JJ.A.

BETWEEN

Chamithra Arachchige

Applicant (Respondent)

and

Saman Arachchilage

Respondent (Appellant)

Counsel:

Saman Arachchilage, acting in person

Jennifer Gold, for the respondent

Shuah Roskies, for the Office of the Children’s Lawyer

Heard: January 14, 2010

On appeal from the order of Justice David Price of the Superior Court of Justice dated April 15, 2009.

APPEAL BOOK ENDORSEMENT

[1] Before us, the appellant has put forward several grounds why the consent order he signed on January 12, 2009 should be set aside. Each of these grounds was considered by Justice Price in his thorough reasons dismissing the appellant’s motion. We agree with Justice Price’s decision and with his reasons.

[2] Accordingly, the appeal is dismissed with costs fixed at $5,000, all inclusive.

[3] The sum of $12,000 presently being held in court under the order of Blair J.A. shall be paid out the solicitors for the respondent. This amount shall cover the costs of this appeal ($5,000), the costs of the order of Price J. ($3,000) and the other outstanding costs orders identified by Blair J.A. ($4,000).

[4] The respondent acknowledges that these payments effectively means that the appellant has satisfied all outstanding costs orders.