Shore-Kalo v Kalo, 2019 MBCA 98
Opinion
Citation: Shore-Kalo v Kalo, 2019 MBCA 98 Date: 20190920 Docket: AF19-30-09241 IN THE COURT OF APPEAL OF MANITOBA Coram: Madam Justice Diana M. Cameron Mr. Justice William J. Burnett Madam Justice Janice L. leMaistre BETWEEN : DAFNA BRENLEE SHORE-KALO ) D. B. Shore-Kalo ) on her own behalf (Petitioner) Respondent ) ) M.
Kalo - and - ) on his own behalf ) MICHAEL KALO ) Appeal heard and ) Decision pronounced: (Respondent) Appellant ) September 20, 2019 On appeal from 2019 MBQB 39 PER CURIAM [ 1 ] In the Court below, the respondent moved to terminate, or in the alternative, to vary, a prevention order (the prevention order) contained in a final order pronounced on July 30, 2007, and subsequently varied on August 4, 2009.
The prevention order was made pursuant to section 14(1) of The Domestic Violence and Stalking Act , CCSM c D93 . [ 2 ] The prevention order was varied by consent to delete the terms which prevented the respondent from attending at the Jewish Community Centre and at the Shaarey Zedek Synagogue in the presence of the petitioner. [ 3 ] The motion judge denied the respondent’s request to terminate or vary the other provisions of the prevention order which limit or proscribe the respondent’s contact with his two children. [ 4 ] The children were not adults when the prevention order was granted.
The children are now adults but remain opposed to a variation of the prevention order as it relates to them, and they and the petitioner want the existing protection to continue. [ 5 ] We are all of the view that the motion judge did not err. [ 6 ] The appeal is therefore dismissed with costs. JA JA
JA
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