Court of Appeal for Ontario

Citation: Chu v. Chang, 2011 ONCA 389

Date: 20110518

Docket: C51649

Before: Rosenberg, Lang and Watt JJ.A.

Between:

Lily Man-Lee Chu, in her personal capacity and in her capacity as Attorney for property and for personal care of How Seem Chang

Applicant (Appellant)

and

Kin Kwok Chang, Kin Wah Cheung, Kin Keung Chang, Man Ying Lam, Man Yee Wu, also known as Peggy Wu, and Chunmei Chen

Respondents (Respondents in Appeal)

Counsel:

Lily Man-Lee Chu, acting in person

Newton Wong, for the respondents

Heard: May 16, 2011

On appeal from the order of Justice David M. Brown of the Superior Court of Justice, dated January 12, 2010.

APPEAL BOOK ENDORSEMENT

[1] The appellant, who is self-represented, did not pursue any argument about service, or any deficiency in service, of the cross-motion. In any event, in our view, based on the record, any deficiency in service amounts at most to an irregularity in the circumstances of this case. We also observe that the appellant did not take the opportunity to move before the motion judge to set aside the order under the Rules of Civil Procedure on the basis of deficient service.

[2] On the merits of the appeal, the appellant pursued an argument that the motion judge erred in his findings of fact that formed the foundation for his decisions regarding the care of and access to How Seem Chang. However, the appellant has failed to persuade us of any palpable and overriding factual error made by the motion judge. We observe that the issue before the motion judge was the interests of How Seem Chang and not the interests of the appellant.

[3] Accordingly, the appeal is dismissed, with costs fixed at $5,000, inclusive of disbursements and applicable taxes.