COURT OF APPEAL FOR ONTARIO
RE:
PETER ROSCOE (Appellant) v. KENDRA ROSCOE (Respondent)
BEFORE:
McMURTRY C.J.O., BORINS AND FELDMAN JJ.A.
COUNSEL:
L. Levencrown
for the appellant
Jirina Bulger
for the respondent
HEARD & ENDORSED:
JULY 9, 2004
On appeal from the judgment of Justice M. Linhares de Sousa dated May 30, 2003.
A P P E A L B O O K E N D O R S E M E N T
1The appellant has demonstrated a most cavalier attitude to say the least to order of the Court over a lengthy period. In our view, there was no error of judicial discretion in the striking out of the appellant’s pleadings.
2We find no error in the conduct of the trial or in the result.
3The appeal is therefore dismissed with costs fixed in the amount of $10,000.00.