2017 ONSC 1221, 2017 ONSC 1221
Opinion
Sulandy v. Campbell, CITATION : 2017 ONSC 1221 COURT FILE NO.: 11253/16 DATE: 2017-02-22 SUPERIOR COURT OF JUSTICE – ONTARIO RE: Patricia Sulandy, Appellant AND: Ryan Campbell, Respondent BEFORE: Mr Justice Ramsay COUNSEL: The Appellant in person Mr Hanrahan for Respondent HEARD: February 21, 2017 at Welland ENDORSEMENT [ 1 ] The Appellant has filed a notice of appeal from the final order of Gregson J. of the Ontario Court of Justice dated August 26, 2016. The case had to do with custody and access of children.
The appellant asks this court to substitute an order for joint custody with primary residence to the appellant and secondary residence on alternate weekends. [ 2 ] The notice of appeal complains that the lawyer failed to call a material witness, failed to raise the issue of the respondent’s credibility and failed to cross-examine the respondent’s witnesses and the social worker from the Office of the Children’s lawyer. It also complains of unspecified errors of fact and law on the part of the judge. The notice of appeal was filed on September 11, 2016.
Since then the appellant has done nothing to perfect the appeal. She has not even ordered the transcript. The appellant told me in oral submissions that she has been denied Legal Aid and unsuccessful in finding a pro bono lawyer. She thinks that she can save enough money for a lawyer who offers a discounted rate if the case is adjourned until July 2017 to set a date. [ 3 ] Children need stability. After five months, the appellant has failed to make any progress in perfecting the appeal. Her proposal for the next five months offers little hope that anything will be accomplished.
I have no way of assessing the merits of the appeal, but the grounds of appeal do not inspire confidence and I am entitled to take into account the fact that Legal Aid has taken a look at the file and decided not to intervene. [ 4 ] In fairness to the respondent and in the best interest of the children I think that it is only right to dismiss the appeal at this point rather than let it continue to no purpose. [ 5 ] The appeal is dismissed. In the circumstances there will be no order as to costs. J.A. Ramsay J. Date: 2017-02-22
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