Court of Appeal for Ontario

CITATION: Sturm v. Wang, 2011 ONCA 731

DATE: 20111122

DOCKET: C53003

Before: Laskin, Rosenberg and Rouleau JJ.A.

BETWEEN

Hermann Otto Sturm

Applicant (Respondent)

and

Xiaoyu (Sophie) Wang

Respondent (Appellant)

Counsel:

Jason Huang, for the appellant

R. Steven Baldwin, for the respondent

Heard and released orally: November 16, 2011

On appeal from the order of Justice Heather A. McGee of the Superior Court of Justice, dated November 10, 2010.

ENDORSEMENT

[1] On the record before us, we are not persuaded that the trial judge exercised her discretion unreasonably in refusing an adjournment. After the adjournment was refused, the parties entered into minutes of settlements, which were approved by the trial judge. In her affidavit, the appellant does not allege that the settlement was improvident.

[2] On appeal her focus appears to be that she was not effectively represented by counsel. She has filed an affidavit, which she seeks to introduce as fresh evidence. However, she has not put her trial lawyer on notice. Having not done so, we cannot entertain the appellant’s claim of ineffective assistance of counsel. The appellant’s affidavit standing alone does not meet the test for fresh evidence.

[3] The appeal is dismissed with costs fixed at $2,500, inclusive of disbursements and applicable taxes.

“John Laskin J.A.”

“M. Rosenberg J.A.”

“Paul Rouleau J.A.”