Andre Yonkeu v. Devaloise Hatchou, 2015 ONSC 2579

CITATION: Yonkeu v. Hatchou, 2015 ONSC 2579

COURT FILE NO.: 15/0172

DATE: 2015/04/23

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: ANDRE YONKEU, Applicant

AND

DEVALOISE HATCHOU, Respondent

BEFORE: Kane J.

COUNSEL: Andre Yonkeu, the Applicant, Self-Represented

Jean-Pierre Quintal, counsel for the Respondent

HEARD: April 16, 2015 (at Pembroke)

motion ENDORSEMENT

Motion to Strike

1The applicant by motion (Vol. 2, T-2) seeks to strike certain allegations in the respondent’s affidavit dated March 18, 2015, (T-16), namely:

(a) The applicant has dual citizenship in Canada and in Cameroon (para. 16); and

(b) The children Arild and Stefan are eligible to obtain a Cameroon passport (para. 18).

2The applicant today submits the respondent knows each of these above allegations is untrue.

3This motion is dismissed because:

(a) These are mere allegations, not proven facts;

(b) These are not directly related to the issues in the application such as custody, access, support etc.; and

(c) Citizenship or status to obtain a passport in another county remains to be proven;

(d) Allegations in an affidavit are not deleted because the other party contests the same.

Costs

4Pursuant to R. 24(1) of the Family Law Rules, O. Reg. 114/99, the applicant shall pay costs of this motion to the respondent fixed in the amount of $250, inclusive of HST and disbursements by May 15, 2015.

Kane J.