Court of Appeal for Ontario

Citation: Almeida v. Almeida, 2012 ONCA 753

Date: 20121106

Docket: C55201

Before: Weiler, Juriansz and Hoy JJ.A.

Between

Philomena Rosa Maria Almeida

Applicant (Respondent in Appeal)

and

Henry Rege Almeida

Respondent (Appellant in Appeal)

Counsel: Philip Viater, for the appellant No one appearing for the respondent

Heard: November 5, 2012

On appeal from the order of Justice Gordon D. Lemon of the Superior Court of Justice, dated March 7, 2012.

APPEAL BOOK ENDORSEMENT

[1] We are advised the wife did not seek an adjournment for the purpose of contesting the appeal. Only if the court wishes her to speak to the contempt did she feel she needed to consult counsel and request an adjournment. On the basis of the material filed regarding the merits of the appeal, we are all of the opinion that the appeal should be allowed and the contempt order set aside. So ordered.

[2] In so doing we have not ruled on the Minutes of Settlement and this order in no way reflects our approval of them. As an officer of the court Mr. Viater advised the court that Mrs. Almeida may have wished to address the court regarding the $50,000 payment that is to be made. That payment is part of the Minutes of Settlement and not part of this appeal. We understand she also may have other concerns regarding the Minutes of Settlement, which, again, are not part of this appeal and irrelevant to it.