Court File and Parties

CITATION: Azimi v. Mirzaei, 2010 ONCA 455

DATE: 20100617

DOCKET: C51602

COURT OF APPEAL FOR ONTARIO

Doherty, Cronk and Watt JJ.A.

BETWEEN

Mohsen S. Azimi

Applicant (Appellant in Appeal)

and

Guita Mirzaei

Respondent (Respondent in Appeal)

Mohsen S. Azimi, appearing in person

Guita Mirzaei, appearing in person

Heard: June 16, 2010

On appeal from the judgment of Justice R. Mesbur of the Superior Court of Ontario, dated January 5, 2010.

APPEAL BOOK ENDORSEMENT

[1] The appellant husband seeks to set aside the January 5, 2010 restraining order granted against him by Mesbur J., as amended by order of McWatt J. dated February 11, 2010. His principal ground of appeal is that there was an insufficient evidential basis to support the order.

[2] We disagree. The record before the motion judge revealed a history of abusive behaviour by the appellant that included his physical and verbal abuse of the respondent and their daughter and threats to his sister-in-law. There was also evidence before the motion judge that the respondent was concerned for her safety and that of her daughter and that, contrary to the terms of his probation order, the appellant had placed private calls to the respondent’s home. Moreover, the motion judge expressly found that the appellant has not formed any real intent to terminate contact with the respondent or to move on with his life. Rather, it was the terms of the appellant’s probation order and the appellant’s reaction to it that “bought some peace” for the respondent and the child of the marriage.

[3] In all these circumstances, the respondent has reasonable grounds to fear for her safety and the safety of the child of the marriage. There is no basis, therefore, on which to interfere with the impugned order of the motion judge.

[4] The appeal is dismissed. The respondent is entitled to her costs of the appeal, fixed in the total amount of $500.00.