DOCKET: C37822
COURT OF APPEAL FOR ONTARIO
RE:
TAMMARA LYNN BOUCHER (Applicant/Respondent) – and – JAMES ROGER BOUCHER (Respondent/Appellant)
BEFORE:
WEILER, LASKIN and GOUDGE JJ.A.
COUNSEL:
Tilda M. Roll
for the appellant
Virginia L. Workman
for the respondent
HEARD & ENDORSED:
JUNE 9, 2003
On appeal from the order of Justice Joseph Quinn, of the Superior Court of Justice dated February 1, 2002.
A P P E A L B O O K E N D O R S E M E N T
1The real underlying issue is whether the trial judge erred in the exercise of his discretion in striking the pleadings. We are of the opinion that he did not. There was a long history of delay and there was no material before him to support any other conclusion than the one he reached.
2In view of this, whether Quinn J. proceeded on February 1, 2002 or after the thirty day period for appealing is immaterial. He was entitled to proceed as he did.
3Costs to the respondent fixed in the amount of $3000 all inclusive on a partial indemnity basis.