Mathew Frempong Boateng Fordjour

The appellant appealed a motion judge's decision to strike out the appellant's Answer and Claim and deny an adjournment.

The Court of Appeal dismissed the appeal, upholding the motion judge's decision.

The appellant was permitted limited participation at trial, entirely at the trial judge's discretion, contingent upon continued full compliance with child support obligations.

The respondent was awarded costs of $15,000 inclusive of HST and disbursements.

The appellant appealed from an order striking his pleadings for deliberate failure to comply with a child support order.

The motion judge had ordered interim child support of $12,365 per month retroactive to January 1, 2018.

The appellant, despite having substantial income, unilaterally reduced payments to $2,365 per month without seeking court approval or appealing the order.

When the respondent brought a motion to strike the pleadings, the motion judge denied the appellant's request for an adjournment and struck the Answer and Claim, finding the conduct flagrant, wilful, and calculated disobedience.

The Court of Appeal upheld the striking order but modified the remedy to allow the appellant to participate in trial proceedings, provided he continued to comply with the child support order.