Court of Appeal for Ontario

Citation: Sandhu v. Sandhu, 2012 ONCA 554

Date: 2012-08-24

Docket: C53124

Before: Goudge, Gillese and Armstrong JJ.A.

Between:

Hervinder Kaur Sandhu

Applicant (Respondent)

and

Amardip Singh Sandhu and Gurpal Kaur Sandhu

Respondents (Appellants)

Counsel:

Amardip Singh Sandhu and Gurpal Kaur Sandhu, appearing in person

Rajneesh K. Sharda, for the respondent

Heard: August 23, 2012

On appeal from the order of Justice H. McGee of the Superior Court of Justice, dated November 26, 2010.

APPEAL BOOK ENDORSEMENT

[1] In our view, the absence of the appellant’s mother is not a basis for allowing this appeal. The appellant had six days notice which should have been enough to obtain her presence at trial. Nor did the appellant ask for an adjournment to permit her attendance.

[2] As to access, the appellant is really asking this court to retry this issue. That we cannot do. We see no error in the trial judge’s disposition of that issue or of any of the other issues.

[3] The appeal must be dismissed. Costs to the respondent fixed at $15,000 in total.