Court of Appeal for Ontario

Citation: J.H. v. B.S., 2014 ONCA 179 Date: 20140307 Docket: C56135

Judges: MacFarland, Rouleau and Lauwers JJ.A.

Between:

J. H. Appellant

and

B. S. Respondent

Counsel: J. H., acting in person B. S., acting in person

Heard and released orally: March 3, 2014

On appeal from the judgment of Justice Wendy L. MacPherson of the Superior Court of Justice, dated September 11, 2012.

ENDORSEMENT

[1] The appeal is dismissed.

[2] The main ground of appeal relates to the trial judge’s treatment of the child’s statement about inappropriate sexual conduct she has said to have observed at her mother’s home. Justice MacPherson dealt with this ground of appeal at paras. 51 through 59 of her reasons and we see no error. As she noted, the appellant’s concerns were investigated fully by the Children’s Aid Society and they had no protection concerns and closed their file.

[3] As the appeal judge noted, “it was apparent that a joint parenting arrangement was no longer feasible here”. The fresh evidence filed relates to matters that have occurred since Justice Sherwood’s order of December 16, 2011. Nothing in the fresh evidence calls into question the appropriateness of the original order. This court has no original jurisdiction and we are concerned only with the correctness of the orders already made in the courts below. If J.H. is of the view that circumstances have changed since the order of Justice Sherwood, he is free to bring a motion to deal with that change to the Ontario Court of Justice.

[4] Costs to the respondent fixed in the sum of $500 inclusive of disbursements and HST.

"J. MacFarland J.A."

"Paul Rouleau J.A."

"P. Lauwers J.A."